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The Delhi High Court has confirmed that payments by Indian companies to foreign entities for the resale or use of computer software are not classified as royalty. In a significant ruling, Justices V. Kameswar Rao and Vinod Kumar concluded that the Indian entity bears no obligation to tax deducted at source (TDS) in these circumstances. […]
The income from the reselling of subscription-based products is royalty, the Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer has sold the digital product as well as all copyrights therein, which squarely drops under the definition of ‘royalty’ both under Article 12 of the Double Taxation Avoidance Treaty (DTAA) between India and […]
The Income Tax Appellate Tribunal (ITAT) in Mumbai has ruled that revenue earned by a British telecom company from an Indian telecom company for providing roaming services to international customers does not qualify as ‘royalty.’ Amit Shukla (Judicial Member) and Gagan Goyal (Accountant Member) of the bench noted that payments to a non-resident company for […]
The fee furnished via the taxpayer, Tata Consultancy Services (TCS), for the brand to Tata and Sons Ltd. is not capital in nature for the cause that the brand does not get owned via the taxpayer, Mumbai Bench of Income Tax Appellate Tribunal (ITAT) ruled. There is no royalty that provides to get levied on […]
The technical know-how fee obtained via Bajaj Auto Ltd comes beneath the classification of royalty and therefore is qualified for the deduction under Section 80-O of the Income Tax Act, 1961, Mumbai bench of the Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer entered into a technical knowledge agreement with a foreign company called M/s […]
The receipts from the provision of background screening and investigation services to clients in India are not royalties or fees for technical services (FTS), ruled by the Delhi Bench of the Income Tax Appellate Tribunal (ITAT). There have been no technical skills or knowledge or consultancy or make available any technical knowledge, experience, skill, know-how, […]
The financially strapped Kerala government intends to request that the Central government consider waiving the royalty on earth/boulders and refunding the State Goods and Services Tax component for the National Highway projects in the state—the Ernakulam Bypass and Kollam-Shenkottai NH. The State has already asked the Centre to waive the proposed 25% State share of […]
Recently Indian government amended local tax laws in the finance bill. Among many amendments, some notable ones are raising the withholding tax rate on royalties and FTS gained by non-residents and foreign corporations. Because of these amendments, Starting on April 1, 2023, the tax rate on royalties and FTS increased from 10.92% to 21.84% and […]
The Ahmedabad Bench of the Income Tax Appellate Tribunal (ITAT) ruled that the payment that the taxpayer has made to the non-resident supplier shall be the royalty amount and is bounded on the taxpayer’s portion to deduct tax at source. The two-member bench of T.R. Senthil Kumar (Judicial Member) and Annapurna Gupta (Accountant Member) has […]
