Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (4) TMI 589 - AT - Income TaxTDS u/s 195 - Royalty receipt - nature of the payment made by the assessee to M/s. GX Technology Corporation, USA and M/s. GGS Spectrum Limited, UK - tds liability - Indo-US DTAA - Held that:- All that is provided by the licensor is the Data relating to the geophysical and geological information about the east and west coast of India and is not responsible for the accuracy or usefulness of such Data. Thus, it is clear that licensors have only made available the data acquired by them and available with them but are not making available any technology available for use of such data by the assessee herein. The decisions relied upon by the Ld. Counsel for the assessee, for the cases discussed above are clearly applicable to the facts of the case before us and the payments made by the assessee to GTX and GGS is not in the nature of ‘Royalty’ as per the respective DTAA’s and therefore, the provisions of Section 195 are not applicable. - Decided in favour of assessee
|