This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Profits from supply of shrink-wrapped software is not royalty- ITAT Bangalore
Case Law Details
- Case Name
- Velankani Mauritius Vs. DDIT (ITAT Bangalore)
- Courts
- All ITAT, ITAT Bangalore
Velankani Mauritius Vs. DDIT (ITAT Bangalore)
The assessee, a Mauritius company, was engaged in supply of software. It supplied “off-the-shelf” “shrink-wrapped” software to Infosys Technologies and took the view that the profits there from was not taxable in India as it did not have a Permanent Establishment in India. The AO assessed the profits as royalty u/s 9(1)(vi) of the Act and this was confirmed by the CIT (A). On appeal by the assessee, HELD allowing the appeal:
(i) In CIT vs. Samsung Electronics 227 CTR 335 the Karnataka High Court has confined its decision to the issue of res...
