https://www.taxtmi.com/caselaws?id=761969 No fixed place PE or dependent agent PE existed in India for the relevant years because contemporaneous evidence showed closure of the liaison office, vacation of premises, no expatriate employees, and no business activity through that office; profit attribution to an Indian PE was therefore impermissible. Receipts from supply of software were not royalty because the treaty position and settled law treat consideration for software resale or use as royalty only where copyright rights are transferred, and the receipts here related to embedded software supply without transfer of copyright rights. The consequential challenge to interest and penalty did not survive independently. en-us Tue, 29 Oct 2024 00:00:00 +0530 Mon, 05 Jan 2026 11:44:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761969 No fixed place PE or dependent agent PE existed in India for the relevant years because contemporaneous evidence showed closure of the liaison office, vacation of premises, no expatriate employees, and no business activity through that office; profit attribution to an Indian PE was therefore impermissible. Receipts from supply of software were not royalty because the treaty position and settled law treat consideration for software resale or use as royalty only where copyright rights are transferred, and the receipts here related to embedded software supply without transfer of copyright rights. The consequential challenge to interest and penalty did not survive independently. Case-Laws Income Tax Tue, 29 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761969