https://www.taxtmi.com/caselaws?id=309718 Receipts from sale of software were not taxable as royalty under section 9(1)(vi) and Article 12 of the India-Israel DTAA because the transactions involved a non-exclusive, non-transferable, terminable licence and amounted to sale of a copyrighted article rather than transfer of copyright rights. The Tribunal followed its earlier order and the Supreme Court distinction between a copyrighted article and copyright itself, so the royalty characterisation failed. On the tax-credit issue under section 240, the Assessing Officer was required to grant credit while giving effect to the appellate order and to apply the statutory mandate in accordance with law. en-us Mon, 03 Oct 2022 00:00:00 +0530 Tue, 19 Sep 2023 08:00:43 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309718 Receipts from sale of software were not taxable as royalty under section 9(1)(vi) and Article 12 of the India-Israel DTAA because the transactions involved a non-exclusive, non-transferable, terminable licence and amounted to sale of a copyrighted article rather than transfer of copyright rights. The Tribunal followed its earlier order and the Supreme Court distinction between a copyrighted article and copyright itself, so the royalty characterisation failed. On the tax-credit issue under section 240, the Assessing Officer was required to grant credit while giving effect to the appellate order and to apply the statutory mandate in accordance with law. Case-Laws Income Tax Mon, 03 Oct 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309718