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Income Tax

Payment for purchase of software is considered as royalty if it’s a right to use of software and not as a product

Case Law Details

Case Name
Pr. CIT Vs M Tech India P. Ltd. (Delhi High Court)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2008-09
Advertisement CA Suraj R. Agrawal Case Summary:- Facts of the case: 1. The Assessee entered into an agreement with M/s Track Health Pty. Limited, Australia (hereafter ‘THPL’) captioned “VAR Agreement”. 2. The Assessee had also entered into an agreement with M/s Speed Miners, Malaysia which is stated to be similar to the ‘VAR Agreement’ entered into by the Assessee with THPL. 3. In terms of the agreements, the Assessee had paid a sum of Rs. 66,87,509 and Rs. 9,35,987/- to THPL and M/s Speed Miner respectively. 4. According to the AO, the said payments of Rs. 66,87,509/- and Rs.9,...
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Author Info

Suraj R Agrawal
Qualification: CA in Practice
Company: AventaaGlobal Advisors LLP
Location: Pune, Maharashtra
Articles Published: 66

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