2024 (2) TMI 137 - SCH - Income Tax

Accrual of income in India - sale of software product - royalty receipts - India USA DTAA - As decided by HC 2023 (2) TMI 1251 - DELHI HIGH COURT 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 of the Income Tax Act were not liable to deduct any TDS u/s 195 - HELD THAT - Having regard to the judgment of this Court in the case of Engineering Analysis Centre of Excellence Private Limited vs. Commissioner of Income Tax and Anr. 2021 (3) TMI 138 - SUPREME COURT and having regard to the order of this Court M/S. GRACEMAC CORPORATION 2023 (8) TMI 98 - SC ORDER the present special leave petition stands, accordingly, dismissed.

Summary

The Supreme Court condoned the delay in filing the special leave petition. The petition was dismissed in light of a previous judgment and court order. Any pending applications were also disposed of.