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8. The Ld.AR submitted that, the authorities below have held that the facts of the assessee are distinguishable from the decision of Hon'ble Supreme Court in case of Engineering Analysis Centre of Excellence Pvt. Ltd. reported in (2021) 125 taxmann.com 42 (SC).

He submitted that the principles laid down by Hon'ble Supreme Court has been ignored insofar as to say that, there is no transfer of any intellectual properties by assessee to its customers.

9. The Ld.AR submitted that under India -US DTAA, there is no licence that has been granted by the assessee to its customers to access the online service provided by the assessee, that could be terms to be scientific and technical. He submitted that, infact the assessee retains the ownership of all the intellectual properties and assessee's customer can only access the Yodlee professional financials platform / application to avail the IT(IT)A Nos. 772/Bang/2022 & 660/Bang/2023 services. He submitted that, the customers of assessee do not have any right to use or use any copyright / intellectual property / process of the application / platform. It is also submitted that, these customers do not have any access to program / source code of the software and therefore cannot modify / copy / reverse or disassemble the software. The Ld.AR submitted that, under the treaties, in order to constitute 'royalty', for 'use' of or 'right to use' of a 'process', the process has to be 'secret'. It is submitted that the wording of these treaties show that, only payments received as consideration for the 'use of, or 'the right to use' is necessary for the payment to be termed as royalty. It is thus submitted that this is much narrower to the definition of royalty under the Act.