https://www.taxtmi.com/caselaws?id=458667 Receipts from sale of shrink-wrapped software were held not to be royalty under section 9(1)(vi) of the Income-tax Act or Article 12(3) of the India-USA DTAA, because the transaction involved transfer of a copyrighted article and not any copyright rights. The Tribunal followed its coordinate bench rulings in the assessee's own earlier years and found no distinguishing material on the same facts. It also noted that the Department's appeals in earlier years did not displace the binding effect of that view for the year under consideration. The addition was deleted and the assessment was set aside to that extent. en-us Fri, 27 May 2022 00:00:00 +0530 Mon, 11 Nov 2024 11:07:35 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=458667 Receipts from sale of shrink-wrapped software were held not to be royalty under section 9(1)(vi) of the Income-tax Act or Article 12(3) of the India-USA DTAA, because the transaction involved transfer of a copyrighted article and not any copyright rights. The Tribunal followed its coordinate bench rulings in the assessee's own earlier years and found no distinguishing material on the same facts. It also noted that the Department's appeals in earlier years did not displace the binding effect of that view for the year under consideration. The addition was deleted and the assessment was set aside to that extent. Case-Laws Income Tax Fri, 27 May 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=458667