Sale of software not containing any element of service not fall under FTS

SoftwareONE Pte. Ltd. Vs ACIT (ITAT Delhi) Introduction: This case involves appeals filed by the assessee challenging final assessment orders under sections 143(3) and 144C(13) of the Income-tax Act, 1961, for the assessment years 2018-19 and 2019-20. The primary dispute in these appeals pertains to the taxability of amounts received from the sale of software as fees for technical services (FTS) under Article 12(4) of the India-Singapore Double Taxation Avoidance Agreement (DTAA). Detailed Analysis: The assessee, a non-resident corporate entity incorporated under the laws of Singapore and a ...