DIT v. Nokia Networks OY

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Corporation (Formerely Known As Nokia Network Oy)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Corporation (Formerely Known As Nokia Network Oy)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Corporation (Formerly Known As Nokia Network Oy)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Network Oy

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Corporation (Formerly Known As Nokia Network Oy)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Corporation (Formerely Known As Nokia Network Oy)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Corporation (Formerely Known As Nokia Network Oy)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

The Commissioner of Income Tax - International Taxation -2 vs. Nokia Corporation (Formerly Known As Nokia Network Oy)

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…al charging of interest for each day elapsed from the due date to the actual payment cannot be held to be taxable to the assessee. This proposition has also been now well upheld by Hon'ble Supreme Court in the case of CIT vs. Excel Industries Ltd., (2013) 358 ITR 259 (SC). Hence, no income can be said to accrue to the assessee on account of delayed payments as neither there was any corresponding liability on such an interest. Accordingly, this issue is also decided in favour of the assessee.” 30. The Tribunal while ruling on this aspect has noted that no real income had in fact been generated. Accordi…

Sumo Logic, Inc., Usa vs. The Assistant Commissioner of Income Tax, International Taxation, Circle 3(1)(2), Delhi

In the result, appeal of the assessee is partly allowed as indicated above

Bench: Shri Saktijit Dey & Shri S. Rifaur Rahman(Assessment Year : 2021-22 Sumo Logic, Inc. Vs. Acit, Circle Int. Tax 3(1)(2), 3Rd Floor, 305 Main Street, Delhi. Redwood City, California, Foreign, United States. C/O Deloitte Haskins & Sells Llp, Tower-B, 7Th Floor, Building 10, Dlf Cyber City Complex, Phase-Ii, Gurgaon-122002. (Pan: Abecs 9368 P) (Appellant) (Respondent) Assessee By : Shri Sachit Jolly, Adv. & Shri Aditya Rathore, Adv. Revenue By : Shri Vijay B Vasanta, Cit Dr Date Of Hearing : 03.10.2024 Date Of Order : 27.12.2024 O R D E R Per S. Rifaur Rahman, Am : 1. The Captioned Appeal Preferred By The Assessee Is Directed Against The Assessment Order Dated 28.09.2023 Passed By The Learned Assistant Commissioner

…for the use of copyrighted material rather than for the use of copyright. The distinction between the copyright and copyrighted article has been very well pointed out by the decisions of Hon'ble Delhi High Court in the case of DIT v. Nokia Networks OY [2013] 358 ITR 259/212 Taxman 68/25 taxmann.com 225. In this case all that the assessee gets right is to access the copyrighted material and there is no dispute about. As a matter of fact, the AO righty noted that 'royalty' has been defined as "payment of any kind received as a consideration for the use of, or right to use of, any copyright of literary, artistic or…

Coursera Inc., United States of America vs. Assistant Commissioner of Income Tax, Circle 1(2)(1), International Taxation, Delhi

In the result, the appeals are allowed

Bench: Shri Saktijit Dey, Vice- & Dr. B.R.R. Kumar

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA Nos.2416 & 3646/Del/2023 Assessment Years: 2020-21 & 2021-22 Coursera Inc., Vs. ACIT, Circle-1(2)(1), 381, East Evelyn Avenue, International Taxation, Mountain View, California, New Delhi USA, 999999 PAN :AAICC4141K (Appellant) (Respondent) Assessee by Sh. Sachit Jolly, Advocate Department by Sh. Vijay B Vasanta, CIT(DR) Ms. Sabiha Rizwi, Sr. DR Date of hearing 19.08.2024 Date of pronouncement 21.08.2024 ORDER PER SAKTIJIT DEY, VICE-PRESIDENT Captioned appeal…

Coursera Inc., United States of America vs. Assistant Commissioner of Income Tax, Circle 1(2)(1), International Taxation

In the result, the appeals are allowed

Bench: Shri Saktijit Dey, Vice- & Dr. B.R.R. Kumar

…IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORE SHRI SAKTIJIT DEY, VICE-PRESIDENT AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER ITA Nos.2416 & 3646/Del/2023 Assessment Years: 2020-21 & 2021-22 Coursera Inc., Vs. ACIT, Circle-1(2)(1), 381, East Evelyn Avenue, International Taxation, Mountain View, California, New Delhi USA, 999999 PAN :AAICC4141K (Appellant) (Respondent) Assessee by Sh. Sachit Jolly, Advocate Department by Sh. Vijay B Vasanta, CIT(DR) Ms. Sabiha Rizwi, Sr. DR Date of hearing 19.08.2024 Date of pronouncement 21.08.2024 ORDER PER SAKTIJIT DEY, VICE-PRESIDENT Captioned appeal…

John Wiley and Sons, Inc., U. S vs. DCIT Circle 2(1)(2), International Taxation, New Delhi

In the result, the appeal of the assessee is allowed

Bench: Dr. B. R. R. Kumar, Sh. Sudhir Pareek

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘D’, NEW DELHI Before Dr. B. R. R. Kumar, Accountant Member, Sh. Sudhir Pareek, Judicial Member ITA No. 2344/Del/2023 : Asstt. Year: 2020-21 John Wiley and Sons Inc., Vs DCIT, C/o Deloittee Haskings & Sells, 7th International Taxation, Floor, Tower-B, Building No. 10, Circle-2(1)(2), Cyber City, DLF-II, Gurgaon-122002 New Delhi-110002 (APPELLANT) (RESPONDENT) PAN No. AACCJ5564B Assessee by : Sh. Vishal Kalra, Adv. & Ms. Snigdha Gautam, Adv. Revenue by : Sh. Vijay B. Vasanta, CIT-DR Date of Hearing: 27.05.2024 Date of Pronouncement: 21.08.2024 ORDER Per Dr. B. R.…