Wednesday, April 11, 2012

Budge2012- Clarification of "Royalty" under section 9(1)(vi)

Friends,   Consideration for use of right to use of computer software is royalty and therefore, such income is deemed to accrue or arise in India by virtue of section 9(1)(vi);

               Royalty to include and always have included consideration in respect of any right, property or information whether or not. 
  • the possession or control of such right, property or information is with the payer;
  • such right, property or information is used directly by the payer. 
  • the location of such right, property or information is in India. 

                    

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