Consideration for Resale of Computer Software Is Not Royalty

Kony Inc Vs ACIT (ITAT Delhi) During the Financial Year (FY) 2013-14, the assessee entered into an agreement with State Bank of India (‘SBI’) for sale of KMAP. As per the said agreement, the perpetual license was described as a standard software. Also, the end user of the license does not have any access to the source code i.e. the user is not allowed to disassemble, decompile, reverse engineer, or otherwise attempt to derive the structure, sequence or organization of source code but only has a right to use the software for business purpose. The Assessing Officer (AO) in the draft ...