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| The Tax Publishers2020 TaxPub(DT) 2759 (Mum-Trib) INCOME TAX ACT, 1961
Section 90 Section 9(1)(vi)
Receipt on account of sale of Shrink wrat software was not in the nature of royalty in view of section 9(1) as well as article 12(3) of DTAA between India and USA.
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Double taxation relief - Agreement between India and USA - Royalty - Receipt on account of shrink wrap software
Assessee based at USA, sold Shrinkwrap software through distributors/resellers to the end-users in India. AO taxed entire receipt from the sale of software as 'royalty' income.Held: Receipt on account of sale of Shrinkwrap software was not in the nature of royalty in view of section 9(1) as well as article 12(3) of Indo-US DTAA.
Followed:DIT v. Infrasoft Ltd. 92014) 264 CTR 329 (Del) : 2014 TaxPub(DT)79 (Del-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
IN THE ITAT, MUMBAI BENCH
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