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2011 (2) TMI 77 - HC - Income Tax
U/s 40(a)(i) - Disallowance of expenses - The assessee has been purchasing the software from Microsoft and sold it further in Indian market - By no stretch of imagination it would be termed as royalty - No TDS - Appeal is dismissed in fabour of assessee.
The Delhi High Court dismissed the appeal regarding the disallowance of expenses under section 40(a)(i) of the Income-tax Act, 1961. The court found that the payment to Microsoft was not royalty but for purchasing and reselling software, so tax at source was not required. The Income-tax Appellate Tribunal's decision was upheld, and no question of law was found. The appeal was dismissed.
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