Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2009 (12) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (12) TMI 587 - AT - Income TaxAddition of income - Royalty - The Assessing Officer asked the assessee to submit the details of TDS deducted and paid from the above royalty payment in view of the provisions of section 40(a) of the Income tax Act, 1961 - According to the Revenue since the assessee has not deducted tax at source from the royalty payment to M/s. CTFI, New York, therefore, the provisions of section 40(a) are attracted and such payment of royalty is not allowed as a deduction - Royalty has not been paid for any TV or radio broadcasting - The learned DR could not point out as to under which of the clauses of Explanation 2 to section 9(1)(vi) of the Act the payment of royalty falls so as to bring it into the definition of royalty - Appeal is allowed
|