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Income Tax - Highlights / Catch Notes

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TDS u/s 195 - Royalty - the amounts paid by resident Indian ...


Non-Resident Software Payments Not Royalties, No TDS Deduction Needed u/s 195, Court Rules.

April 10, 2021

Case Laws     Income Tax     HC

TDS u/s 195 - Royalty - the amounts paid by resident Indian endusers/ 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 - HC

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