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Clarification regarding Royalty under section 9(1)(vi).

Maintenance income from computer software or other amount as royalty is deemed to accrue or arise in India by the section 9(1)(vi) of Income Tax Act in Budger-2012.

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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