2021 (8) TMI 1375 - HC - Income Tax

TDS u/s 195 - Royalty payments as defined under Explanation II to Section 9(1)(vi) - amounts paid by the concerned persons resident in India to non-resident, foreign software suppliers - HELD THAT - This issue involved in the present case is no longer res integra as in the case of Engineering Analysis Centre of Excellence 2021 (3) TMI 138 - SUPREME COURT has decided the issue amounts paid by resident Indian end-users/distributors to non-resident computer software manufacturers/suppliers, as consideration for the resale/use of the computer software through EULAs/distribution agreements, is not the payment of royalty for the use of copyright in the computer software, and that the same does not give rise to any income taxable in India, as a result of which the persons referred to in section 195 were not liable to deduct any TDS u/s 195 - Appeal is allowed.

Summary

Issues:
1. Interpretation of royalty payments under Section 9(1)(vi) of the Income Tax Act, 1961.
2. Applicability of Double Taxation Avoidance Agreement (DTAAs) on royalty payments.
3. Obligation to deduct tax at source under Section 195 of the Income Tax Act.

Analysis:
The High Court of Karnataka heard an income-tax appeal arising from an order by the Income Tax Appellate Tribunal regarding royalty payments made by a company for licensed software imported from a foreign vendor. The company contended that the payments were not subject to tax deduction at source as they did not constitute royalty payments under Section 9(1)(vi) of the Income Tax Act. The Tribunal had deemed the company as an assessee in default under Section 201(1) of the IT Act, leading to the appeal.

The appellant company, represented by learned Senior Counsel Sri Ganesh, argued that the issue had been settled by the Supreme Court in the case of Engineering Analysis Centre of Excellence. The Supreme Court's judgment clarified that payments made by Indian end-users to non-resident software manufacturers did not amount to royalty for the use of copyright, thus not creating any taxable income in India. This decision rendered the provisions of Section 9(1)(vi) and Explanation 2 irrelevant in such cases, relieving the payers from the obligation to deduct tax at source under Section 195 of the Income Tax Act.

Consequently, the High Court ruled in favor of the assessee based on the Supreme Court's judgment, setting aside the Tribunal's order and dismissing the revenue's claim. The judgment emphasized that the payments for software distribution agreements did not constitute royalty payments, aligning with the DTAAs and relieving the payers from tax deduction obligations under Section 195 of the Income Tax Act.

In conclusion, the appeal was allowed in favor of the assessee, following the Supreme Court's interpretation of royalty payments in the context of software distribution agreements. The judgment clarified the non-applicability of tax deduction at source requirements for such transactions, providing relief to the appellant company and setting a precedent for similar cases.