Norton Lifelock Inc. v. DCIT (2021) 210 TTJ 409 / 199 DTR 233 (Pune)(Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Distributors-Sold specific software products-Not royalty-No permanent establishment in India-Not taxable in India-DTAA-India-USA [S. 90, Art. 12]

Tribunal held that the assessee sold its software products to distributors / resellers for selling the same to end customers in India without parting with any right  or title in the intellectual property used in the software  or right to us the copyright in the software hence it constitute business income and not royalty. Since the assessee did not have any PE in India the income is not taxable in India.  (AY. 2014-15)