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Online Database access fee is Business Income, not Royalty or FTS

Case Law Details

Case Name
Elsevier Information Systems GmbH Vs Dy. Commissioner of Income Tax (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
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Elsevier Information Systems GmbH Vs DCIT (ITAT Mumbai) Whether the subscription fee can be treated as fees for technical services. As discussed earlier, it is evident that the assessee has collated data from various journals and articles and put them in a structured manner in the database to make it more user friendly and beneficial to the users/customers who want to access the database. The assessee has neither employed any technical/skilled person to provide any managerial or technical service nor there is any direct interaction between the customer/user of the database and the employees of...
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