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Showing contexts for: Software Source code in First Advantage P. Ltde, Mumbai vs Department Of Income Tax on 28 January, 2010Matching Fragments
vii) That under the Indo U.S. DTAA, under Article-12, only consideration paid for the use of or the right to use any copyright would fall under the definition of royalty and it is clear that the payment in question do not fall under the category;
viii) That when there is no transfer of source code and know- how in a software product, the payment received in respect of the same does not fall within the definition of royalty. The assessee relied on the OECD commentary and decisions of various Courts and Tribunal.