https://www.taxtmi.com/caselaws?id=310511 Consideration for facilitating user rights in off-the-shelf software and related support services was treated as taxable royalty, following the Tribunal's earlier view on materially similar facts and the absence of any change in the factual matrix. The Tribunal also noted the assessee's section 158A(1) declaration and left application of any subsequent higher-court ruling to the Assessing Officer. In contrast, the transfer pricing adjustment for software user-right charges and related services was deleted because the Tribunal found no justification to sustain an addition that would merely erode India's overall tax base, especially where costs were allocated on estimates and later-year comparable proceedings did not result in adjustment. en-us Fri, 29 Jul 2016 00:00:00 +0530 Sat, 28 Oct 2023 12:53:25 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=310511 Consideration for facilitating user rights in off-the-shelf software and related support services was treated as taxable royalty, following the Tribunal's earlier view on materially similar facts and the absence of any change in the factual matrix. The Tribunal also noted the assessee's section 158A(1) declaration and left application of any subsequent higher-court ruling to the Assessing Officer. In contrast, the transfer pricing adjustment for software user-right charges and related services was deleted because the Tribunal found no justification to sustain an addition that would merely erode India's overall tax base, especially where costs were allocated on estimates and later-year comparable proceedings did not result in adjustment. Case-Laws Income Tax Fri, 29 Jul 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=310511