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• the phrases 'process' and/or 'information concerning industrial, commercial or scientific experience' used ip the clause (ii) of the Explanation 2 to section 9(l)(vi) of the Income Tax Act, 1961 and in the Article 12(3) of the India-Singapore DTAA and as interpreted by the Courts means 'know-how' and the Appellant has not imparted or has granted any exclusive right to use any 'know-how' or source code or logic or algorithm of the software to the purchaser."

7. It is the case of the Revenue that the consideration received by the assessee for providing Norton Security is also part of sale of software which is covered under the definition of royalty under section 9(1)(vi) of the Act and India-Singapore DTAA. Moreover, the case of M/s. Infrasoft Ltd. is still sub- judice before the Hon'ble Supreme Court.

7.1 On the other hand, the case of the assessee is that software sold by the assessee provides a facility by using which, the purchaser can keep their computer system secure and it is different from the word 'process' used in clause (ii) of the Explanation 2 to section 9(1)(vi) of the Act and in the Article 12(3) of India-Singapore DTAA. The Ld. AR further submitted that the ITA Nos. 7749 & 8282/Del/2019 assessee sold the software product in object code form and did not pass on any right to use any process or information concerning industrial commercial and scientific experience. The assessee has not imparted or granted any exclusive right to use any 'know-how' or source code or logic or algorithm of the software to the purchaser.