TDS u/s 195 - payments by resident Indian end-user to ...

Software License Payments Not Royalties Under India-UK Tax Treaty; No TDS Deduction Required for Indian End-Users.

July 31, 2024

Case Laws     Income Tax     AT

TDS u/s 195 - payments by resident Indian end-user to non-resident computer software manufacturers/suppliers - payment for software licenses not royalty under Article 12 of India-UK Tax Treaty. As per AO, tax required to be withheld as payments chargeable u/s.9(1)(vi) r.w.s. 195 read with DTAA Articles. Assessee stated payment for use of standard software, without obtaining rights for creation, modification or adaptation. HELD: Based on royalties definition in DTAA Article-13, payments not royalties. EULAs do not create interest/right in distributors/end-users amounting to use of or right to use copyright. No obligation u/s 195 to deduct TDS. Provisions of s.9(1)(vi) and explanations, not more beneficial than DTAA, not applicable. Amounts paid by resident end-users to non-resident manufacturers/suppliers as consideration for computer software use through EULAs, do not constitute royalties payment for copyright use. Consequently, payments do not give rise to taxable income in India. Persons u/s 195 not liable to deduct TDS on these payments. Decided in favour of assessee.

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