Whether the following payment comes within the scope of the definition of 'Royalty' u/s 9(1)(vi):
An Indian company purchases 'advertising space' in its foreign AE's website (and sells the same to 3rd party advertisers) and makes payments for the same to foreign AE without making TDS for the reason that the transaction does not come under the purview of the 'royalty' definition?
Pl clarify whether the assessee's action is correct. If so, what is the deciding judicial precedent, if any?
CAclubindia
