2012 (6) TMI 446 - HC - Income Tax

Indian High Court: Software use payments by customers to foreign suppliers are 'royalty' under Income-tax Act

Director (Commissioner) of Income tax, International Taxation Versus Sonata Information Technology Ltd.

The High Court held that payments made by Indian customers to foreign suppliers for the right to use software/computer programs constitute 'royalty' under ... Royalty - transfer of the right to use the software/computer programme - Held that:- As decided in CIT v. Samsung Electronics (P.) Ltd.[2011 (10) TMI 195 (HC)]that consideration paid by the Indian customers or end users to the assessee a foreign supplier, for transfer of the right to use the software/computer programme in respect of the copyrights falls within the mischief of 'royalty' as defined under sub-clause (v) to Explanation 2 to clause (vi) of section 9(1)- against assessee. Issues:Interpretation of 'royalty' under section 9(1) of the Income-tax Act, 1961.Analysis:The High Court dealt with an appeal challenging the orders passed by the Income Tax Tribunal concerning the definition of 'royalty' under sub-clause (v) to Explanation 2 to clause (vi) of section 9(1) of the Income-tax Act, 1961. The Tribunal had held that the consideration paid by the assessee did not amount to 'royalty.' The Court referred to previous cases, including CIT v. Synopsis International Old Ltd. and CIT v. Samsung Electronics (P.) Ltd., where similar issues were addressed. In those cases, it was established that the consideration paid by Indian customers or end users to a foreign supplier for the transfer of the right to use software/computer programs related to copyrights constituted 'royalty' as per the relevant provisions of the Income-tax Act, 1961.The Court reiterated that the consideration paid by Indian customers or end users to a foreign supplier for the transfer of the right to use software/computer programs in relation to copyrights falls within the definition of 'royalty' as outlined in sub-clause (v) to Explanation 2 to clause (vi) of section 9(1) of the Income-tax Act, 1961. Based on the precedents set by the earlier cases, the Court concluded that the substantial question of law framed in the present case must also be answered in favor of the revenue and against the assessee. Consequently, the appeal was allowed, and the orders passed by the Income Tax Tribunal were set aside.In summary, the judgment clarified the scope and interpretation of 'royalty' under the Income-tax Act, 1961, specifically focusing on payments made by Indian customers or end users to foreign suppliers for the right to use software/computer programs related to copyrights. The decision aligned with previous rulings, establishing that such payments constitute 'royalty' as defined in the relevant provisions of the Act.