COMMISSIONER OF INCOME TAX (INTERNATION TAXATION)-1 vs. COMPTEL OYJ
What did the High Court hold?
The High Court held that the ITAT's decision was sound and proper as it had followed binding previous judgments of the Court. Therefore, the appeals did not raise a substantial question of law.
What were the facts?
The Revenue appealed against the ITAT's decision regarding whether payments made by the assessee to its licensors constituted royalty. The ITAT had followed previous High Court judgments on similar matters.
What were the issues?
Whether payments made by the assessee to licensors amounted to royalty under Section 9(1)(vi) and Article 12 of the Indo-Finland DTAA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)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.
- DIT v. Infrasoft Ltd.269 citing264 CTR 329 · 2013 · HC
- DIT (International Taxation) v. Nokia Networks OY5 citing25 Taxmann.com 255 · HC
1 $-4 to 6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 898/2016, CM APPL. 46316/201^6 (Delay of 90 days in filing) COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-!' . .....Appellant Through: Mr. Rahul Chaudhary, Adv. Versus COMPTELOYJ Respondent Through: Mr. Prakash Kumar, Ms. Rashmi Sinha and , Mehvish Khan, Advs. + ITA 899/2016, CM APPL. 46317/2016 (Delay of 90 days in filing), CM APPL. 46318/2016 (Exemption) ^ COMMISSIONER OF INCOME TAX (INTERNATION TAXATION)- 1 ' ....^Appellant Through: Mr. Rahul Chaudhary, Adv. Versus , ' ' COMPTELOYJ / .....Respondent Through: Mr. Prakash Kuiriar, Ms.,Rashmi Sinha and Mehvish Khan, Advs. + ITA 900/2016, CM APPL. 46319/2016 (Delay of 90 days in filing), CM APPL. 46320/2016 (Exemption) COMMISSIONER OF INCOME TAX (INTERNATION TAXATION)- 1 , ..... Appellant ; Through: Mr. Rahul Chaudhary,-Adv. ' I " Versus I ' I ' ' I . I . ; I COMPTELOYJ , Respondent , ' Through: Mr. Prakash Kumar, Ms. Rashmi Sinha and Mehvish Khan, Advs. ^ CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE NAJMIWAZIRI ORDER % 19.12.2016 CM APPL. 46316/2016 (Delav of 90 davs in filingVin ITA 898/2016 CM APPL. 46317/2016 (Delay of 90 days in filing! in ITA 899/2016 CM APPL. 46319/2016 CDelav of 90 days in filing) in ITA 900/2016 Digitally Signed By:AMULYA Signature Not Verified
For the reasons mentioned in the applications, the applications are allowed. CM APPL. 46318/2016 (Exemption) in ITA 899/2016 CM APPL. 46320/2016 (Exemption) in ITA 900/2016 X Allowed, subject to all just exceptions. ITA 898/2016, ITA 899/2016 & ITA 900/2016 The questions which the Revenue seeks to urge in these appeals under Section 260A of the Incpnie Tax Act, 1961 ('the Act') are common, i.e., whether the amounts paid by the assessee to its licensors, amounted to royalty within the meaning of the expression under Section 9(l)(vi) and Article 12 of the Indo-Finland Double Taxation Avoidance Agreement (DTAA). The Income Tax Appellate Tribunal (ITAT) followed the previous judgments of this Court including the judgment in DIT V. Infrasoft Ltd. 264 CTR 329 and also the judgment - DIT (International Taxation) vs. Nokia Networks OY 25 Taxman.com 255 (Delhi). The later decision had an occasion to interpret the same provision in the context of the very.same treaty. Since the ITAT has followed the previous binding judgments of this Court, the present appeals do not raise a substantial question of law. The Court is also satisfied that the application of law by the ITAT was sound and proper. The appeals are therefore dismissed. S. RAVIl^RA BHAT, J NAJMIWAZIRI, J DECEMBER 19,2016/acm
More judgments on Section 9(1)(vi)
- Ahaguru Education Technology Private… vs Deputy Commissioner of Income Tax…ITA 1993/CHNY/2026[2023-24]Status: Disposed23 Sept 2026AY 2023-24
- Slack Technologies Limited, Mumbai vs Assistant Commissioner of Income Tax…ITA 979/MUM/2025[2022-23]Status: Disposed15 Sept 2026AY 2022-23
- Slack Technologies Limited, Mumbai vs Assistant Commissioner of Income Tax…ITA 4310/MUM/2023[2021-22]Status: Disposed15 Sept 2026AY 2021-22
- Atos Information Technology (Singapore) Pte… vs DCIT, (Internation Taxation) Circle…ITA 6745/MUM/2025[2018-19]Status: Disposed7 Sept 2026AY 2018-19
- Assistant Commissioner of Income Tax, Delhi vs Times Content Limited( Now Known As Times…ITA 5333/DEL/2024[2018-19]Status: Disposed3 Sept 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- M/S Shivam Tiles House vs. State Of U.P. And AnotherAllahabad · 21 Oct 2026
- Imtiyaz Shaikh Z Chorlekar vs. Salman ShaikhBombay · 21 Oct 2026
- Dr Babasaheb Ambedkar Marathwada University Thr Its Registrar Prashant S Amrutkar vs. Union Of INDIA Thr The Secretary And OthersBombay · 19 Oct 2026
- Babasaheb Ambedkar Marathwada University Thr Registrar Prashant S Amrutkar vs. Union Of INDIA Thr Secretary And OthersBombay · 19 Oct 2026
- Vinishma Technologies Private Limited vs. State Of KarnatakaKarnataka · 17 Oct 2026