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Sale of software products is not royalty income so not taxable in India
Case Law Details
- Case Name
- Microsoft Regional Sales Pte. Ltd. Vs ACIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All ITAT, ITAT Delhi
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Microsoft Regional Sales Pte. Ltd. Vs ACIT (ITAT Delhi)
Held that it is well settled law that, the sale of software product which will not giving rise to royalty income.
Facts-
The assessee is a Company incorporated in USA and is wholly owned subsidiary of Microsoft Corporation, USA. The assessee is engaged in the business of distribution of Microsoft regional products in the Asia Pacific region, including India.
ROI was filed by the assessee claiming TDS of Rs. 381,22,30,714/- and a revised return claiming the same income of Rs. 204,90,61,907/-, claiming the TDS of Rs. 392,67...
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