9911796707
TMI Blog2009 (2) TMI 24X X X X Extracts X X X X X X X X Extracts X X X X ..... kataraman, Sr. Advocate RULING [Order By Hon'ble Chairman] - The applicant is a company incorporated in the State of Nevada, USA and is an affiliate of Microsoft Corporation ("MS Corp"), a corporation having its headquarters in USA. The applicant was incorporated on 14th April, 2005. The applicant had acquired an exclusive license to reproduce Microsoft products and distribute them in America region. Pursuant to a plan of merger, Gracemac Corporation ("Gracemac"), a wholly owned subsidiary company of MS Corp. merged with the applicant on 2nd October, 2006. MS Corporation had granted Gracemac exclusive license to manufacture and distribute Microsoft products and also license a third party to directly grant the customers the right to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. Further, the distributors sell the products to re-sellers in India who in turn sell the same to the customers. The resellers/customers have no right to make copy of software for commercial exploitation. The distributor is liable to pay the consideration for purchase of software to MRSC irrespective of whether it is able to sell the products to the re-seller/consumers or not. The software products are used by the end-user subject to the End-user license. 2. These facts are stated in the application. The applicant formulated four questions which can be reduced to two. (i) Whether payments received by Applicant from M.O Singapore for functions performed in Singapore under the license agreement granting manufacturing and distribution r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 245R which reads as under : (2) The Authority may, after examining the application and the records called for, by order, either allow or reject the application. Provided that the Authority shall not allow the application where the question raised in the application. (i) is already pending before any income-tax authority or Appellate Tribunal [except in the case of a resident applicant falling in sub-clause (iii) of clause (b) of section 245N] or any court; 5. On behalf of the Revenue it is submitted that the same questions are pending determination in the appeals filed by Gracemac which is the entity that merged with the applicant. It is pointed out that the same agreements and the same questions were considered by the A ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
