https://www.taxtmi.com/caselaws?id=443356 Depreciation on CISCO IP Phones was remitted for fresh adjudication on the functional-use test: items functionally dependent on computers may qualify at the computer rate, while independently existing equipment may fall under plant and machinery. The Tribunal did not finally decide the rate. Payments for candidate reports to a UK service provider were held not to be royalty because the assessee received only the deliverable and had no right to use, access, modify, duplicate, or exploit the underlying software, source code, equipment, or copyright. As the sum was not chargeable to tax in India, no withholding obligation arose and the disallowance under section 40(a)(i) was deleted. en-us Mon, 18 Sep 2023 00:00:00 +0530 Thu, 21 Sep 2023 10:49:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=443356 Depreciation on CISCO IP Phones was remitted for fresh adjudication on the functional-use test: items functionally dependent on computers may qualify at the computer rate, while independently existing equipment may fall under plant and machinery. The Tribunal did not finally decide the rate. Payments for candidate reports to a UK service provider were held not to be royalty because the assessee received only the deliverable and had no right to use, access, modify, duplicate, or exploit the underlying software, source code, equipment, or copyright. As the sum was not chargeable to tax in India, no withholding obligation arose and the disallowance under section 40(a)(i) was deleted. Case-Laws Income Tax Mon, 18 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=443356