Dow Jones & Company Inc. v. ACIT (2022) 193 ITD 564 (Delhi) (Trib.)

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Right to use of copy right in a program-Information products and services-Not royalty-DTAA-India-USA. [Art. 12]

Assessee is engaged in business of providing information products and services containing global business and financial news to organisations worldwide. It had appointed its AE on a principal to principal basis for distributing its products in Indian market and accordingly, received purchase price at arm’s length price.  Assessing Officer treated said Indian receipts as royalty under provisions of act as well as India-USA DTAA. On appeal the Tribunal held that payments made for acquiring right to use product itself, without allowing any right to use copyright in product were not covered within scope of royalty the assessee had only granted access to its database and received payments for right to use of copyright in a program’ and not right to use program itself. Addition was deleted. (AY. 2015-16)