https://www.taxtmi.com/caselaws?id=761872 ITAT Chennai held that a Singapore-incorporated company's supply of video management software to an Indian entity was not taxable as royalty under Section 9(1)(vi) or India-Singapore DTAA Article 12. The tribunal found that since the End User License Agreement clearly stated no title or ownership transfer occurred and copyright remained with the supplier, the transaction constituted a software sale rather than royalty. Following SC precedent in Engineering Analysis case and Delhi HC decisions in Microsoft Corporation and EY Global Services, ITAT ruled that mere software supply without copyright transfer cannot be treated as royalty, setting aside the Assessing Officer's order. en-us Tue, 01 Oct 2024 00:00:00 +0530 Mon, 18 Nov 2024 12:11:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761872 ITAT Chennai held that a Singapore-incorporated company's supply of video management software to an Indian entity was not taxable as royalty under Section 9(1)(vi) or India-Singapore DTAA Article 12. The tribunal found that since the End User License Agreement clearly stated no title or ownership transfer occurred and copyright remained with the supplier, the transaction constituted a software sale rather than royalty. Following SC precedent in Engineering Analysis case and Delhi HC decisions in Microsoft Corporation and EY Global Services, ITAT ruled that mere software supply without copyright transfer cannot be treated as royalty, setting aside the Assessing Officer's order. Case-Laws Income Tax Tue, 01 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761872