GSMA LTD.,MUMBAI vs. DCIT (INTERNATIONAL TAXATION), NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the administrative fees received by the assessee do not constitute royalty under Section 9(1)(vi) of the Income-tax Act or Article 12(3) of the India-USA DTAA. The assessee merely provides access to a database of unique numbers, not a right to use any intellectual property or impart technical information.
What were the facts?
The assessee, a US-based non-profit entity, provides unique IMEI numbers for mobile devices globally. In India, it has an agreement with MSAI for revenue sharing, where MSAI collects fees from Indian manufacturers and transfers 70% to the assessee.
What were the issues?
Whether the administrative fees received for providing IMEI/TAC numbers are taxable as royalty under domestic law and the India-USA DTAA.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH ‘D’, NEW DELHI
Before: SHRI G.S. PANNU, VICE- & SHRI SAKTIJIT DEY, VICE-
per law.
Other grounds raised by the assessee, being consequential and pre-mature, do not require adjudication.
In the result, appeals are allowed, as indicated above.
Order pronounced in the open court on 08/12/2023.
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. V J Petro Products vs. The Deputy Assistant Commissioner (St) - IiiAndhra Pradesh · 27 Oct 2026
- M/S Asian Aura vs. Government Of Nct Of Delhi And Ors.Delhi · 27 Oct 2026
- Shining Steel Through Its Proprietor Kartik Gupta vs. Union Of INDIA & Ors.Delhi · 27 Oct 2026
- M/S Redamancy World Through Its Proprietor Sanjay Kumar Goel vs. Central Board Of Indirect Taxes And Customs & Ors.Delhi · 27 Oct 2026
- M/S Arj Exim INDIA vs. Additional Commissioner Of CGST, Appeals-Ii, New Delhi And OrsDelhi · 27 Oct 2026