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Income Tax - Highlights / Catch Notes

Home Highlights September 2020 Year 2020 This

Income received from sale of software licenses - Royalty - the ...


Software License Sales Not "Royalty" Under DTAA Rules, Overrides Income Tax Act Amendments Despite Retrospective Changes.

September 2, 2020

Case Laws     Income Tax     AT

Income received from sale of software licenses - Royalty - the amended definition of Royalty under the domestic law even if amended with retrospective effect cannot be extended to the definition of “Royalty” under the DTAA since the term “Royalty” under the DTAA has not been amended. As the provision of DTAA over-ride the provision of Income Tax Act, 1961 and being more beneficial shall apply - AT

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