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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty. Payment for purchase of shrink-wrapped software from non-resident held not royalty under Section 9(1)(vi) of Income Tax Act, 1961, as no copyright transferred.

The case involves two appeals filed by the Revenue under Section 260-A of the Income Tax Act, 1961, against the common order of the Income Tax Appella...

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High Court of Karnataka Dismisses Revenue's Appeal in TDS Dispute — Payment to Non-Resident for Software Not Royalty Under Section 9(1)(vi) of Income Tax Act, 1961. Payment for shrink-wrapped software held to be for copyright article, not transfer of copyright rights, thus not taxable as royalty.

The case involves two appeals filed by the Revenue (Commissioner of Income Tax and Deputy Commissioner of Income Tax (TDS)) against the common order o...

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Supreme Court Upholds Bombay High Court's Decision on Stamp Duty Refund for National Organic Chemical India Ltd. Maximum Cap on Stamp Duty a One-Time Payment, Rules Apex Court.

The Supreme Court dismissed the appeal filed by the State of Maharashtra, upholding the Bombay High Court's decision that granted National Organic Che...

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Supreme Court Allows Appeal in Bonus Calculation Dispute Involving Subsidiary Company. Service Fee Payment Under Technical Aid Agreement Held to Be Legitimate Expenditure, and Deduction of Bonus as Prior Charge Before Depreciation and Tax Ruled Improper Under Industrial Disputes Act, 1947.

The dispute arose out of a claim for bonus by the workmen of Crompton Parkinson (Works) Private Ltd., Bombay, which was initially a wholly-owned subsi...

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Supreme Court Upholds Tax Authorities in Income Tax Case Regarding Refund of Excess Profits Tax. Repayment of excess profits tax received by a company in England deemed income under Section 11(14) of Indian Finance Act, 1946, irrespective of territorial source.

The appellant, McGregor & Balfour Ltd., a company incorporated in the United Kingdom with its head office there, also carried on business in India. In...