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“computer software”

Chapter III - Incomes Not IncludedSection 10BSection 10B Explanation 2 / Section 80HHF951 judgments

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

Leading authorities on computer software

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.

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.

III v. HCL Technologies Ltd.
93 Taxmann.com 33 · 2018 · Supreme Court
245
citing judgments

When computing the deduction available under Section 10A of the Income-tax Act, communication expenses must be excluded from the total turnover for the purpose of calculating the eligible relief.

CIT v. Synopsis International Old Ltd.
212 Taxmann 454 · 2013 · High Court
177
citing judgments

Payments for computer software are treated as royalty income under Section 9(1)(vi) of the Income-tax Act, particularly concerning the expanded definition provided by Explanation 2 and Explanation 4.

CIT v. Asahi India Safety Glass Ltd.
346 ITR 329 · 2012 · High Court
129
citing judgments

Expenses incurred for software license purchase, development of miscellaneous software, and maintenance of websites are considered revenue in nature. Such expenses are deductible in the year they are incurred.

Amway India Enterprises v. DCIT
111 ITD 112 · 2008 · ITAT
127
citing judgments

Depreciation is allowable on computer software, including software licenses, at the rate of 60%.

Kotak Mahindra Primus Ltd. v. DDIT
11 SOT 578 · 2007 · ITAT
99
citing judgments

Payments for data processing services using a mainframe computer and specialized software are not taxable as fees for the use of equipment if the Indian entity lacks independent rights or physical access to use the computer or software.

Judgments citing computer software

Munich Re Automation Solutions Limited, Ireland vs. Assistant Commissioner of Income Tax, Circle International Tax, 2(2)(1), New Delhi

In the result, appeal of the assessee is partly allowed

ITA 3766/DEL/2023[2021-22]Status: DisposedITAT Delhi04 Sept 2025AY 2021-22

Bench: Shri Vikas Awasthy & Shri Avdhesh Kumar Mishraआअसं.3766/िद"ी/2023(िन.व. 2021-22) Munich Re Automation Solutions Ltd., 2Nd Floor, Mountain View, Central Park, Leopardstown Office Park, Dublin, Ireland ...... अपीलाथ"/Appellant Pan : Aaicm-2594-E बनाम Vs. Assistant Commissioner Of Income Tax, ..... "ितवादी/Respondent Circle International Tax-2(2)(1), New Delhi अपीलाथ" "ारा/ Appellant By : Shri Vishal Kalra, Ms. Reema Grewal & Ms. Snigdha Gautam, Advocates "ितवादी"ारा/Respondent By : Ms. Ekta Jain, Cit-Dr & Ms. Neeju Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 06/06/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 04/09/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Assessment Order Dated 25.10.2023 Passed U/S. 143(3) R.W.S. 144C(13) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’), For Ay 2021-22. 2. Shri Vishal Kalra, Advocate Appearing On Behalf Of The Assessee At The Outset Submitted That He Is Not Pressing Ground No. 2 Of Appeal Challenging Validity Of Assessment Order On The Ground Of Limitation.

For Appellant: Shri Vishal Kalra, Ms. Reema Grewal, and Ms. Snigdha Gautam, AdvocatesFor Respondent: Ms. Ekta Jain, CIT-DR &
Section 143(3)Section 9(1)(vi)

Counsel for the assessee submitted that the AO has erred in understanding the business model of the assessee and the manner of providing standard computer software to PNB MetLife. The standard software is downloadable from the site of the assessee company. The assessee does not provide access to customers ... reads as under:- “4. The appeals before us may be grouped into four categories: 8 (i) The first category deals with cases in which computer software is purchased directly by an end-user, resident in India, from a foreign, non- resident supplier or manufacturer. (ii) The second category of cases