https://www.taxtmi.com/caselaws?id=450082 ITAT Delhi ruled in favor of a Chinese tax resident assessee regarding software supply receipts. The tribunal held that payments received for standardized software supply constituted business income, not royalty, as the assessee acted as a reseller without transferring copyright or industrial experience. Since the assessee lacked a permanent establishment in India, the business income was not taxable under the India-China DTAA. Interest under section 234A was remanded for verification of return filing dates, while interest under section 234B was deleted as no tax deduction was required. en-us Fri, 23 Feb 2024 00:00:00 +0530 Tue, 27 Feb 2024 08:44:26 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450082 ITAT Delhi ruled in favor of a Chinese tax resident assessee regarding software supply receipts. The tribunal held that payments received for standardized software supply constituted business income, not royalty, as the assessee acted as a reseller without transferring copyright or industrial experience. Since the assessee lacked a permanent establishment in India, the business income was not taxable under the India-China DTAA. Interest under section 234A was remanded for verification of return filing dates, while interest under section 234B was deleted as no tax deduction was required. Case-Laws Income Tax Fri, 23 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450082