Sale of software cannot be taxed as Royalty

M/s. Cast Software Inc. Vs DDIT (ITAT Delhi)

Conclusion:

Payment received by assessee for supply of software products to IBM India Pvt. Limited without giving right to reproduction and commercial exploitation did not fall within the ambit of’ royalty’.

Held:

Assessee claimed that it had entered into an agreement with IBM India Pvt. Limited for supply of software products. Assessee claimed that sale value was not taxable as the re

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