Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2012 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2012 (8) TMI 151 - HC - Income TaxLiability to deduct TDS in respect of payments made for purchase of software from foreign company - Tribunal held that assessee had purchased only a right to use the copyright and the entire copyright itself the payment cannot be treated as Royalty as per the DTAA and treaties - Held that:- Payment made by the assessee to non-resident companies would amount to royalty within the meaning of Article 12 of the DTAA with the respective countries and there was obligation on the part of the assessee to deduct tax at source u/s. 195. Order of Tribunal set aside and assessment order restored. See CIT, International Taxation v. Samsung Electronics Co. Ltd (2011 (10) TMI 195 - KARNATAKA HIGH COURT) - Decided against Assessee
|