Software Sub-License Fee Not Taxable in India: No PE, Not "Other Income" Under Article 23(3) of Tax Treaty.

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....Taxability of income - Characterization of receipts - software sub-licence fee - the income in dispute, since can be classified under other Articles of the tax treaty, they cannot be brought under the residuary provision contained under Article 23 of the tax treaty. The income cannot be treated as other income under Article 23(3) of the tax treaty. The only provision under which it could have been taxed is as business income under Article 7. - Thus in absence of a PE in India, it cannot be taxed under that provision as well - AT....