Tag Archives: software

Payment for purchase of software without any copyright is not royalty, No TDS u/s 195

By | October 20, 2016

Held The assessee has acquired a readymade off – the shelf computer programme to be used in their business and no right was granted to the assessee to utilize the copy right of the programme and, therefore, consideration cannot be treated as royalty. As held by the CIT(A), the payments made by the assessee company… Read More »

Company engaged in software design cannot be considered as comparable to software development service

By | November 9, 2015

Company engaged in business of software products, design and development of software cannot be considered as comparable to software development service provider and Forex gain on receipt of consideration against services rendered to AE is part of operating revenue Analog Devices India (P.) Ltd. v. DCIT  [Bangalore ITAT] IT (T.P) Appeal No. 1288 of 2014… Read More »

Packaged,readymade, off the shelf software are liable only to VAT

By | October 30, 2015

 High Court of Karnataka Finance Department of Karnataka Department vs IBM India Private Limited, STRP No. 215/2011  18th September 2015, Following aspects in respect of sale and development of customized software has been held with regard to their taxability: 1.The packaged, readymade, off the shelf software are pure goods liable only to VAT. 2. The… Read More »