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“Section 9(1)(vi)”

Section References (mined)Section 9Section 9(1)(vi)770 judgments

The decision most relied on for Section 9(1)(vi) is Engineering Analysis Centre of Excellence (P) Ltd. v. CIT (432 ITR 471), cited in 914 judgments on BharatTax.

Leading authorities on Section 9(1)(vi)

Engineering Analysis Centre of Excellence (P) Ltd. v. CIT
432 ITR 471 · 2021 · Supreme Court
914
citing judgments

Payments for the supply or use of computer software, where there is no transfer of copyright but only a right to use the copyrighted product, are generally considered business profits and not 'royalty' or 'fees for technical services' under the Income Tax Act, 1961 or relevant DTAAs. This principle also applies to transponder fees, which are not taxable as royalty.

CIT v. Samsung Electronics Ltd.
345 ITR 494 · 2012 · High Court
461
citing judgments

Payments by Indian residents to non-resident foreign software suppliers for software are considered royalty, constituting income deemed to accrue in India under section 9(1)(v), thereby requiring tax deduction at source under section 195.

Asia Satellite Telecommunications Co. Ltd. v. DIT
332 ITR 340 · 2011 · High Court
359
citing judgments

Payments for the use of equipment, such as satellite transponders, do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act, 1961, or under applicable tax treaties, especially when there is no transfer of the right to use a process or underlying technology.

DIT v. New Skies Satellite BV
382 ITR 114 · 2016 · High Court
325
citing judgments

An amendment to the Income Tax Act, such as the Finance Act, 2012 amendment to Section 9(1)(vi) defining royalty, does not automatically override or alter the definition of 'royalty' as provided in a Double Taxation Avoidance Agreement (DTAA) unless the DTAA itself is bilaterally amended. The definition of royalty in a DTAA remains unaffected by unilateral changes to domestic law.

DIT v. Nokia Networks OY
358 ITR 259 · 2013 · High Court
276
citing judgments

Payments for the supply of software along with telecom equipment are not in the nature of royalty if they are for the use of a copyrighted article, not the copyright itself. Such payments are not taxable in India in the absence of a Permanent Establishment (PE).

DIT v. Infrasoft Ltd.
39 Taxmann.com 88 · 2013 · High Court
269
citing judgments

Payments for the use of copyrighted software, without the transfer of any rights in the underlying copyright itself, do not constitute 'royalty' under the Income-tax Act or tax treaties. Such payments are often treated as business income, taxable only if a permanent establishment exists.

CIT v. Siemens Aktiongesellschaft
310 ITR 320 · 2009 · High Court
259
citing judgments

Reimbursements of actual expenses without any profit element are not taxable income. Additionally, mere amendments to the Income-tax Act do not override the provisions of Double Taxation Avoidance Agreements (DTAAs).

DIT v. Ericsson A.B
343 ITR 470 · 2012 · High Court
256
citing judgments

Payments for the use of copyrighted software or reimbursement of data processing costs do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act or Article 12(3) of a DTAA where there is no transfer of copyright or rendering of services that "make available" technical knowledge. This position was later upheld by the Supreme Court.

Judgments citing Section 9(1)(vi)

M/S Moonfrog Labs Private Limited, Bangalore vs. Assistant Commissioner of Income Tax Circle-4(1)(2), Bangalore

In the result, the appeal filed by the assessee stands allowed for statistical purposes

ITA 3066/BANG/2018[2015-16]Status: DisposedITAT Bangalore14 Dec 2021AY 2015-16

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2015-16 M/S. Moonfrog Labs Pvt. Ltd., 16/3, Level-3, The Assistant Adarsh Yellavarthy Centre, Commissioner Of Cambridge Road, Income Tax, Ulsoor Jogupalya, Circle – 4(1)(2), Bangalore – 560008. Vs. Bangalore. Pan: Aaicm9563H Appellant Respondent : Shri Padamchand Khincha, Assessee By Ca : Shri Sankar Ganesh .K, Jcit Revenue By (Dr) Date Of Hearing : 21-10-2021 Date Of Pronouncement : 14-12-2021 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Assessment Order Dated 18.12.2017 Passed By The Acit, Circle – 4 (1)(2), Bangalore Relating To Assessment Year 2015-16. The Grounds Raised By The Assessee Are As Under: “1. General Ground 1.1. The Learned Assistant Commissioner Of Income Tax, Circle- 4(1)(2), Bangalore (`A0') Has Erred In Passing The Assessment Order Under Section 143(3) Of The Income Tax Act, 1961 (`The Act') In The Manner Passed By Him & The Commissioner Of Income Tax- (Appeals)-4 (`Cit(A)') Has Erred In Confirming The Said Assessment Order. The Said Order Being Bad In Law Is Liable To Be Quashed.

For Respondent: Shri Padamchand Khincha
Section 143(2)Section 143(3)Section 195Section 195(2)Section 40Section 9(1)(vi)

liable to be quashed. Page 2 of 8 2. Grounds relating to treatment of marketing expenses as royalty under section 9(1)(vi) Notional Tax Effect : (1,16,00,53593.6%). 38,97,780 2.1. The learned AO and CIT(A) erred in treating the marketing expenses amounting to Rs. 1 ... royalty under section 9(1)(vi) and disallowing the same under section 40(a)(i) for non- deduction of tax at source under section 195. 2.2. The learned AO has erred in concluding that the impugned payments were in the nature of Fees for technical services / Royalty under