Purchase of Licensed Software not Royalty under both Income Tax Act and Indo-USA DTAA: ITAT [Read Order]
The Pune bench of the Income Tax Appellate Tribunal (ITAT) has held that the purchase of the licensed software would not amount to royalty and under the Income Tax Act, 1961 and the Double Taxation
ITAT deletes Additions against McDonald’s [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) on Monday deleted additions against the American fast food Company McDonald’s. The Company, McDonalds India had paid Rs. 27.27 crore as royalty payment and Rs.
No Transfer of Copyright on Subscription to Legal Database, No “Royalty” Taxable: Delhi HC [Read Order]
In a recent verdict, the Delhi High Court held that subscribing to a legal database should not be construed as a transfer of copyright, The Division Bench, comprising Justice Yashwant Varma and Justice Purshaindra Kumar
Receipts in nature of Royalties not Taxable as per India-USA DTAA: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Delhi bench consisting of B.R.R. Kumar, Accountant Member, and Yogesh Kumar U.S, Judicial Member held that receipts in the nature of Royalties of India- USA DTAA are not taxable
Entire receipt of INR received from different entities not taxable as royalty: ITAT [Read Order]
In a major ruling the Delhi bench of the Income Tax Appellate Tribunal ( ITAT ) observed that entire receipt of Indian rupee ( INR ) received from different entities not taxable as royalty. The
No Weighted Average Cost of Capital method can be applied for purpose of computing ALP of Royalty income: ITAT Upholds Deletion of Adjustments in favour of Britannia Industries [Read Order]
The Kolkata bench of the Income Tax Appellate Tribunal (ITAT) upheld the deletion of adjustments in favor of Britannia Industries and held that the weighted average cost of capital (WACC) method cannot be applied for
Subscription to Cloud Services not ‘Royalty’ as Indo-US Treaty: ITAT [Read Order]
The Delhi bench of the Income Tax Appellate Tribunal (ITAT) comprising Dr. B. R. R. Kumar, Accountant Member and Sh. Yogesh Kumar U.S., Judicial Member has held that the subscription to cloud base service cannot
Royalty received by Developer would constitute Business Income: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Chennai bench has held that the receipt of royalty by the real estate developer was rightly declared as business income under the provisions of the Income Tax Act, 1961.
Royalty need not be included in Transaction Value if Not Paid to Foreign Supplier: CESTAT [Read Order]
The Chennai Customs, Excise & Service Tax Appellate Tribunal ( CESTAT ), has held that royalty need not be included in transaction value if not paid to a foreign supplier. The appellant, M/s. Doosan Bobcat
UN Tax Committee proposes to include Software payments in the definition of Royalties [Read Report]
The United Nations(UN) Committee of Experts on International Cooperation in Tax Matters has issued a discussion draft for comment on a proposed change in the UN Model Double Taxation Convention to include software payments in
Relief to Fenner India: Royalty Income not relatable to Export Business excludable from Business Profit u/s 80HHC, rules Madras HC [Read Order]
The division bench of Madras High Court presided by Mr. Justice R. Mahadevan and Mr. Justice J. Sathya Narayana Prasad has upheld the exclusion of royalty income from business profits for calculation of deduction u/s
Income Tax Dept cannot Rely on Press Notes to Determine Arm’s Length Price of Sales for Payment of Royalty: ITAT [Read Order]
The Hyderabad bench of the Income Tax Appellate Tribunal (ITAT) held that the lower authorities i.e., income tax authorities was not correct in referring press notes to determine arm's length price either 8% or 7.5%
Subscription Amount Received from Subscribers of E-Journals Cannot be Treated as Royalty: Delhi HC [Read Order]
In a significant case, the Delhi High Court has held that the subscription amount received from subscribers of e-journals cannot be treated as royalty. The revenue challenged the order passed by the Income Tax Appellate
GST on Royalty: Rajasthan HC dismisses Petitions as Matter Sub-judice before Nine-Judge Bench of Supreme Court [Read Order]
The Rajasthan High Court has dismissed a bulk of petitions challenging the levy of GST on ‘royalty’ considering the fact that the matter is pending before a nine-judge bench of the Supreme Court. writ petitions
Amount received from distributors for sale of specialized software, maintenance and support services can’t be “royalty” under India-Finland Tax Treaty: ITAT [Read Order]
The Income Tax Appellate Tribunal (ITAT), Mumbai Bench held that the amount received from distributors for sale of specialized software, maintenance and support services can not be “royalty” under India-Finland Tax Treaty. The assessee, Trimble