Receipt of payment for mere allowing customer/users to access database not amounts to Royalty

Elsevier Information Systems GMBH Vs DCIT (ITAT Mumbai) t issue which arises for consideration is, whether the subscription fee can be treated as fees for technical services. As discussed earlier, it is evident that the assessee has collated data from various journals and articles and put them in a structured manner in the database to make it more user friendly and beneficial to the users/customers who want to access the database. The assessee has neither employed any technical/skilled person to provide any managerial or technical service nor there is any direct interaction between the custome...