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Income Tax - Highlights / Catch Notes

Home Highlights March 2016 Year 2016 This

TDS u/s 195 - the assessee can not be said to have paid the ...


Payment for Copyrighted Work on CD-ROM is a Goods Purchase, Not Royalty; TDS u/s 195 Not Applicable.

March 10, 2016

Case Laws     Income Tax     AT

TDS u/s 195 - the assessee can not be said to have paid the consideration for use of or the right to use copyright but has simply purchased the copyrighted work embedded in the CD- ROM which can be said to be sale of ‘good’ by the owner. The consideration paid by the assessee thus as per the clauses of DTAA can not be said to be royalty - AT

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