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July 22, 2021

Legal Issues Seminar- General IP (LIS-GIP) on “Whether Expenditure Incurred for Procuring Software from a Non-Resident is Taxable as Royalty?”

Featuring: Shreya Das

A ‘Legal Issues Seminar-General IP’ (LIS-GIP) was conducted by Shreya Das, Associate, on “Whether Expenditure incurred for procuring Software from a Non-Resident is Taxable as Royalty?”. The seminar delved into the important legal provisions under Income Tax Act, 1961 on Tax Deducted at Source (TDS) and Royalty, and precedents on the applicability of TDS on payment made to a non-resident for software purchases in India. Specifically, the seminar looked into the recent landmark decision of the Supreme Court in Engineering Analysis Centre of Excellence Private Limited v. CIT [Civil Appeal Nos. 8733-8734 of 2018], in which it was held that the payment made to a non-resident for procuring software does not include Royalty, and hence cannot be deducted as TDS.

The presentation can be accessed here.

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