https://www.taxtmi.com/caselaws?id=312382 Receipts from sale of software products were treated as business profits, not royalty, because the distributor acquired only copyrighted articles for resale and no right to duplicate or exploit the underlying copyright. The Tribunal applied the treaty royalty definition and held that consideration for use of a copyrighted product, without any right to copy the work, does not constitute royalty. It also ruled that invoice descriptions are not conclusive and that the transaction must be characterised by its substance. Following its earlier decision in the assessee's own case, it held that, in the absence of a permanent establishment in India, the receipts were not taxable. en-us Fri, 30 Oct 2015 00:00:00 +0530 Wed, 14 Feb 2024 17:31:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312382 Receipts from sale of software products were treated as business profits, not royalty, because the distributor acquired only copyrighted articles for resale and no right to duplicate or exploit the underlying copyright. The Tribunal applied the treaty royalty definition and held that consideration for use of a copyrighted product, without any right to copy the work, does not constitute royalty. It also ruled that invoice descriptions are not conclusive and that the transaction must be characterised by its substance. Following its earlier decision in the assessee's own case, it held that, in the absence of a permanent establishment in India, the receipts were not taxable. Case-Laws Income Tax Fri, 30 Oct 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312382