Section 9(1)(vi) of the Income Tax Act

Income-tax Act, 2025: s.9

Section 9(1)(vi) falls under section 9 of the Income-tax Act, 1961, which corresponds to section 9 (Income deemed to accrue or arise in India) of the Income-tax Act, 2025.

Read section 9 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

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 of the 1,705 judgments on BharatTax that turn on this section.

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.

DIT v. Morgan Stanley & Co.
292 ITR 416 · 2007 · Supreme Court
360
citing judgments

A Permanent Establishment (PE) signifies a foreign enterprise's virtual projection into another country, with a fixed place PE existing where an MNE's business is wholly or partly carried on. A dependent agent PE requires the agent to act as such and/or have the authority to conclude contracts for the foreign enterprise under DTAA provisions.

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.

(i) Formula One World Championship Ltd. v. CIT
394 ITR 80 · 2017 · Supreme Court
200
citing judgments

This case provides foundational principles that illuminate the contours of the concept of 'Permanent Establishment' (PE) under tax treaties, especially regarding a 'fixed place' PE.

Judgments on Section 9(1)(vi)

M/S. Autodesk Asia Pte Limited, Singapore vs. Assistant Commissioner of Income Tax (International Taxation), Circle - 1(1), Bangalore

In the result, the appeal of the assessee is allowed

ITA 1274/BANG/2019[2016-17]Status: DisposedITAT Bangalore09 Aug 2021AY 2016-17

Bench: Shri N.V. Vasudevan & Shri B R Baskaranit(It)A No.1274/Bang/2019 Assessment Year: 2016-17 M/S. Autodesk Asia Pte. Ltd., Vs. The Assistant Commissioner Of 3, Fusionopolis Way 10/21 Symbiosis, Income Tax (International Taxation), Singapore, Foreign, Singapore. Circle – 1(1), Pan: Aafca 6398 D Bengaluru. Appellant Respondent Assessee By : Shri. T. Suryanarayana, Advocate Revenue By : Ms. Neera Malhotra, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 05.08.2021 Date Of Pronouncement : 09.08.2021 O R D E R Per N.V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 24.04.2019 Passed By The Acit (International Taxation), Circle -1(1), Bengaluru, Under Section 143(3) Read With Section 144C Of The Income Tax Act, 1961 (Act), In Relation To Ay 2016-17. 2. The Assessee Is A Company Incorporated In Singapore & Is A Tax Resident Of Singapore In Terms Of The India Singapore Double Taxation Avoidance Agreement (Dtaa). The Assessee Is Engaged In The Business Of Distribution Of Computer Software & Providing Ancillary Services In The Asia Pacific Region. During The Relevant Previous Year, The Assessee Sold

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Ms. Neera Malhotra, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144CSection 195Section 9(1)(vi)

Ibm India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 372/BANG/2016[2014-15]Status: DisposedITAT Bangalore05 Aug 2021AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(It)A No.371/Bang/2016 : Asst.Year 2014-2015 It(It)A No.372/Bang/2016 : Asst.Year 2014-2015 M/S.Ibm India Private Limited The Dy.Commissioner Of No.12, Subramanya Arcade Income-Tax, International V. Bannerghatta Main Road Taxation, Circle (1) Bangalore. Bangalore – 560 029. Pan : Aaaci4403L. (Appellant) (Respondent) O R D E R Per George George K, Jm This Application U/S 158A(5) Of The Income-Tax Act Seeks To Amend The Order Of The Itat Passed In It(It)A No.371/Bang/2016 & It(It)A No.372/Bang/2016. The Above Appeals Were Disposed Of By The Itat Vide Its Order Dated 16.06.2017. 2. During The Course Of Hearing Of The Above Appeals On 13.06.2017, The Learned Ar Submitted That The Grounds Taken In The Appeals Were Covered Against The Assessee By The Judgment Of The Hon’Ble Karnataka High Court In Assessee’S Own Case In Ita No.280 Of 2005. It Was Further Submitted By The Learned Ar That Against The Said Judgment Of The Hon’Ble Karnataka High Court, The Assessee Has Filed Slp Before The Hon’Ble Apex Court Vide Slp No.396 Of 2012 / Civil Appeal No.4419 Of 2012, Which Was Pending Adjudication. The Assessee Had Accordingly Filed A Declaration In Form No.8 U/S 158A(1) Of The I.T.Act (For Avoiding Repetitive Appeals) Read With Rule 16 Of The Income Tax Rules, 1962, For The Year Under Consideration, Submitting That Identical Question Of Law

Section 158A(1)Section 158A(5)Section 195Section 9(1)(vi)

Ibm India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 371/BANG/2016[2014-15]Status: DisposedITAT Bangalore05 Aug 2021AY 2014-15

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(It)A No.371/Bang/2016 : Asst.Year 2014-2015 It(It)A No.372/Bang/2016 : Asst.Year 2014-2015 M/S.Ibm India Private Limited The Dy.Commissioner Of No.12, Subramanya Arcade Income-Tax, International V. Bannerghatta Main Road Taxation, Circle (1) Bangalore. Bangalore – 560 029. Pan : Aaaci4403L. (Appellant) (Respondent) O R D E R Per George George K, Jm This Application U/S 158A(5) Of The Income-Tax Act Seeks To Amend The Order Of The Itat Passed In It(It)A No.371/Bang/2016 & It(It)A No.372/Bang/2016. The Above Appeals Were Disposed Of By The Itat Vide Its Order Dated 16.06.2017. 2. During The Course Of Hearing Of The Above Appeals On 13.06.2017, The Learned Ar Submitted That The Grounds Taken In The Appeals Were Covered Against The Assessee By The Judgment Of The Hon’Ble Karnataka High Court In Assessee’S Own Case In Ita No.280 Of 2005. It Was Further Submitted By The Learned Ar That Against The Said Judgment Of The Hon’Ble Karnataka High Court, The Assessee Has Filed Slp Before The Hon’Ble Apex Court Vide Slp No.396 Of 2012 / Civil Appeal No.4419 Of 2012, Which Was Pending Adjudication. The Assessee Had Accordingly Filed A Declaration In Form No.8 U/S 158A(1) Of The I.T.Act (For Avoiding Repetitive Appeals) Read With Rule 16 Of The Income Tax Rules, 1962, For The Year Under Consideration, Submitting That Identical Question Of Law

Section 158A(1)Section 158A(5)Section 195Section 9(1)(vi)

Ibm India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed

ITA 370/BANG/2016[2013-14]Status: DisposedITAT Bangalore05 Aug 2021AY 2013-14

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(It)A No.369/Bang/2016 : Asst.Year 2013-2014 It(It)A No.370/Bang/2016 : Asst.Year 2013-2014 M/S.Ibm India Private Limited The Dy.Commissioner Of No.12, Subramanya Arcade Income-Tax, International V. Bannerghatta Main Road Taxation, Circle (1) Bangalore. Bangalore – 560 029. Pan : Aaaci4403L. (Appellant) (Respondent) O R D E R Per George George K, Jm This Application U/S 158A(5) Of The Income-Tax Act Seeks To Amend The Order Of The Itat Passed In It(It)A No.369/Bang/2016 & It(It)A No.370/Bang/2016. The Above Appeals Were Disposed Of By The Itat Vide Its Order Dated 16.06.2017. 2. During The Course Of Hearing Of The Above Appeals On 13.06.2017, The Learned Ar Submitted That The Grounds Taken In The Appeals Were Covered Against The Assessee By The Judgment Of The Hon’Ble Karnataka High Court In Assessee’S Own Case In Ita No.280 Of 2005. It Was Further Submitted By The Learned Ar That Against The Said Judgment Of The Hon’Ble Karnataka High Court, The Assessee Has Filed Slp Before The Hon’Ble Apex Court Vide Slp No.396 Of 2012 / Civil Appeal No.4419 Of 2012, Which Was Pending Adjudication. The Assessee Had Accordingly Filed A Declaration In Form No.8 U/S 158A(1) Of The I.T.Act (For Avoiding Repetitive Appeals) Read With Rule 16 Of The Income Tax Rules, 1962, For The Year Under Consideration, Submitting That Identical Question Of Law

Section 158A(1)Section 158A(5)Section 195Section 9(1)(vi)

M/S the Raddi Sahakara Bank Niyamitha, Dharwad vs. Income Tax Officer, Hubli

In the result, the appeals filed by the assessee are allowed

ITA 369/BANG/2016[2011-12]Status: DisposedITAT Bangalore05 Aug 2021AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(It)A No.369/Bang/2016 : Asst.Year 2013-2014 It(It)A No.370/Bang/2016 : Asst.Year 2013-2014 M/S.Ibm India Private Limited The Dy.Commissioner Of No.12, Subramanya Arcade Income-Tax, International V. Bannerghatta Main Road Taxation, Circle (1) Bangalore. Bangalore – 560 029. Pan : Aaaci4403L. (Appellant) (Respondent) O R D E R Per George George K, Jm This Application U/S 158A(5) Of The Income-Tax Act Seeks To Amend The Order Of The Itat Passed In It(It)A No.369/Bang/2016 & It(It)A No.370/Bang/2016. The Above Appeals Were Disposed Of By The Itat Vide Its Order Dated 16.06.2017. 2. During The Course Of Hearing Of The Above Appeals On 13.06.2017, The Learned Ar Submitted That The Grounds Taken In The Appeals Were Covered Against The Assessee By The Judgment Of The Hon’Ble Karnataka High Court In Assessee’S Own Case In Ita No.280 Of 2005. It Was Further Submitted By The Learned Ar That Against The Said Judgment Of The Hon’Ble Karnataka High Court, The Assessee Has Filed Slp Before The Hon’Ble Apex Court Vide Slp No.396 Of 2012 / Civil Appeal No.4419 Of 2012, Which Was Pending Adjudication. The Assessee Had Accordingly Filed A Declaration In Form No.8 U/S 158A(1) Of The I.T.Act (For Avoiding Repetitive Appeals) Read With Rule 16 Of The Income Tax Rules, 1962, For The Year Under Consideration, Submitting That Identical Question Of Law

Section 158A(1)Section 158A(5)Section 195Section 9(1)(vi)