https://www.taxtmi.com/caselaws?id=761329 The ITAT Mumbai held that payments made by the assessee company to CMA CGM, France for use of LARA, DIVA and Ocean software did not constitute fees for technical services or royalty under the India-Portugal DTAA. Following a coordinate bench decision, the tribunal found that software usage payments did not satisfy requirements for copyright use under Article 12 of the DTAA. Consequently, no TDS obligation existed under section 195, and the disallowance under section 40(a)(ia) was deleted. The appeal was decided against the revenue department. en-us Tue, 05 Nov 2024 00:00:00 +0530 Thu, 07 Nov 2024 14:39:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761329 The ITAT Mumbai held that payments made by the assessee company to CMA CGM, France for use of LARA, DIVA and Ocean software did not constitute fees for technical services or royalty under the India-Portugal DTAA. Following a coordinate bench decision, the tribunal found that software usage payments did not satisfy requirements for copyright use under Article 12 of the DTAA. Consequently, no TDS obligation existed under section 195, and the disallowance under section 40(a)(ia) was deleted. The appeal was decided against the revenue department. Case-Laws Income Tax Tue, 05 Nov 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761329