Home › Income-Tax Act › CIT(IT) v. Gracemac Corporation (2022) 287 Taxman 197/113 CCH 97 (Delhi)(HC).Editorial: Notice issued in SLP filed by the Revenue , CIT(IT) v. Gracemac Corporation (2023) 292 Taxman 241 ( SC)

CIT(IT) v. Gracemac Corporation (2022) 287 Taxman 197/113 CCH 97 (Delhi)(HC).Editorial: Notice issued in SLP filed by the Revenue , CIT(IT) v. Gracemac Corporation (2023) 292 Taxman 241 ( SC)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Use of computer software through/distribution agreements-Payment did not amount to royalty for use of copyright in computer software-Not taxable in India-DTAA-India-USA. [Art. 12]

Payments were made by Indian-company to non-resident company which was computer software manufacturer/supplier for resale/use of computer software through distribution agreements, said payment did not amount to royalty for use of copyright in computer software, and same did not give rise to any income taxable in India. (AY. 2005-06 and 2007-08)