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Taxation of Domain Registration Services in Godaddy.Com LLC Case: Tax Implications for Digital Services

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..... ant Commissioner of Income Tax, DCIT Circle 1 (3) (1)', adjudicated by the Delhi High Court, revolves around the characterization of income received from domain name registration services as 'royalty' under Section 9(1)(vi) of the Income Tax Act, 1961 . This matter is significant in determining the tax implications for foreign companies providing digital services in India. Factua .....

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..... d whether the fees received for domain registration services qualify as 'royalty' under Section 9(1)(vi) of the Income Tax Act, 1961 . Applicability of Income Tax Provisions to Foreign Entities : The case also involves examining the tax implications for foreign entities providing digital services in India and the extent of their tax liability under Indian law. Analysis of Legal .....

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..... d to web hosting services, and as such, the income received should be considered as royalty. The Tribunal's judgment equating domain names with trademarks is correct, bringing the income under the ambit of royalty as per Section 9(1)(vi) of the Act. Court's Observation and Decision : The Court noted the distinction between domain names and trademarks, emphasizing .....

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..... ign entities. It delineates the boundaries between services that constitute a transfer of rights akin to intellectual property and those that merely facilitate a transaction or registration process. The decision emphasizes the need for a nuanced understanding of digital services in the context of tax laws. Full Text : 2023 (12) TMI 718 - DELHI HIGH COURT - FAQ - Frequently Asked .....

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