Friday, 25 April 2014

Payment for software licensed to foreign HO and used by Indian branch with non-exclusive rights isn'

IT/ILT : Where assessee, a Belgium based bank, having obtained a licence to use software, allowed its Indian branch to use same software by making it accessable through server located at Belgium, amount reimbursed by branch on pro rata basis for use of said resources was not liable to tax in India as royalty under section 9(1)(vi) or article 12(3) of India-Belgium DTAA


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