Indian Kanoon - Search engine for Indian Law

5. The Ld. AO and the Hon'ble DRP have grossly erred in facts and in law in disregarding the detailed submission and the extract of EULA submitted by the Appellant and has erroneously concluded that under the EULA the end users have right to multiply the copies of the software leading to transfer of source code to distributor. this is without appreciating the fact that the very said Software Remarketer Agreement and EULA has been analysed by the Hon'ble SC in Engineering Analysis (supra) and concluded that there is no transfer of rights listed in section 14(a)/14(b) of the Copyright Act and hence. the same is not taxable in India.