ACIT COMPANY CIRCLE VI(1), CHENNAI vs. SAIPEM INDIA PROJECTS PRIVATE LIMITED, CHENNAI
In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that payments for software licenses, even if non-exclusive and non-transferable, constitute royalty under Section 9(1)(vi) of the Act and the India-Italy DTAA. Therefore, TDS was required.
What were the facts?
The assessee purchased software licenses from its foreign parent company. The Assessing Officer disallowed the expense under Section 40(a)(i) for non-deduction of TDS, treating the payment as royalty. The CIT(A) deleted the disallowance relying on a previous ITAT decision in the assessee's own case.
What were the issues?
Whether payments for software licenses constitute royalty and are subject to TDS under Section 195 of the Income Tax Act and the relevant DTAA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(7)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Asia Satellite Telecommunications Co. Ltd. v. DIT359 citing332 ITR 340 · 2011 · HC
- Motorola Inc. v. Dy. CIT213 citing95 ITD 269 · 2005 · ITAT
- CIT v. Synopsis International Old Ltd.177 citing28 Taxmann.com 162 · 2013 · HC
- 26 to 51), CIT v. CGI Information Systems & Management Consultants (P) Ltd.32 citing226 Taxmann 319 · 2014 · HC
- 166 (Ahemdabad Trib.) 13. CIT v. Vinzas Solution India( P10 citing77 Taxmann.com 279 · 2017 · HC
- CIT v. Vinzas Solutions India P. Ltd.10 citing392 ITR 155 · 2017 · HC
- 3 October 1997 (Bom); M.M. Ratnam v. ITO8 citing78 TTJ 489 · 2003 · ITAT
Income Tax Appellate Tribunal, ‘C’ BENCH: CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI RAMIT KOCHAR
(a) All the appeals are allowed. (b) Impugned orders passed by the Income Tax Appellate Tribunal, Bangalore Bench, is hereby set aside. (c) The order passed by the Commissioner of Income Tax (Appeals) affirming the order passed by the Assistant Commissioner of Income tax, Circle 19(1), Bangalore, with modification is restored. (d) No costs.” Thus, as could be seen from aforesaid decision of Hon’ble Karnataka High Court in the case of CiT v. Synopsis International Old Limited(supra) which decision was rendered in context of Royalty as defined in India-Ireland DTAA wherein definition of Royalty is paramateria to definition of Royalty as used in India-Italy DTAA(except exclusion to aircraft in case of India- Ireland DTAA as detailed above by us in this order by reproducing relevant Article of both the treaties) with which we are seized of and Hon’ble Karnataka High Court has held that grant of non-exclusive non transferable license in computer software with no right to sub-lease or transfer shall fall within Royalty both under DTAA as well u/s 9(1)(vi) of the 1961 Act read with explanations and shall be chargeable to income- tax under the provisions of the 1961 Act. Hon’ble jurisdictional High Court has affirmed the ratio of decision of Hon’ble Karnataka High Court in the case of Synopsis International Old Limited, in a recent judgment dated 23.04.2019 in the case of Zylog Systems Limited(supra). We are bound by aforesaid decision of Hon’ble Jurisdictional High Court decision and Respectfully following the decision of Hon’ble Madras High Court in the case of Zylog, we allow appeal of Revenue. We order accordingly.
In the result, the appeal filed by Revenue in 2014-15 is allowed.
Order pronounced on the 23rd day of December, 2019 in Chennai.
More judgments on Section 40(a)(i)
- M/S American Express Bank Ltd., Mumbai vs The Jt DIT (It)1(1), MumbaiITA 9414/MUM/2004[2000-2001]Status: Disposed8 Oct 2026AY 2000-2001
- DDIT(It)- 1(1), Mumbai vs M/S. American Express Bank Ltd., MumbaiITA 5667/MUM/2004[2000-01]Status: Disposed8 Oct 2026AY 2000-01
- Eurofins Peenya Resources Private Limited… vs Deputy Commissioner of Income Tax…ITA 1116/BANG/2023[2016-17]Status: Disposed28 Sept 2026AY 2016-17
- Azure Green Tech Private Limited, Delhi vs Deputy Commissioner of Income Tax, Circle…ITA 6199/DEL/2026[2021-22]Status: Disposed21 Sept 2026AY 2021-22
- Azure Green Tech Private Limited, Delhi vs Deputy Commissioner of Income Tax, Circle…ITA 6198/DEL/2026[2020-21]Status: Disposed21 Sept 2026AY 2020-21
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