Liability to Deduct TDS
Last updated: 07 September 2007
Court :
Tribunal
Brief :
Held that the foreign co. earned money by providing copyrighted information on subscription basis. The subscription was in the nature of access fee to database maintained outside India. Thus such receipts could not be treated as income accrued in India. Hence no TDS was reuired to be deducted .
Citation :
Wipro Ltd. Vs. ITO
Liability to Deduct TDS
Wipro Ltd. Vs. ITO 12/30/2004
(2005) 278 ITR (AT) 57 (Bangalore)
Case Fact: Whether assesse was liable to deduct TDS for payments made to foreign co. for providing access to its database on subscription basis.
Decision: Held that the foreign co. earned money by providing copyrighted information on subscription basis. The subscription was in the nature of access fee to database maintained outside India. Thus such receipts could not be treated as income accrued in India. Hence no TDS was reuired to be deducted .
CA.Saibaburao Nanduri
Published in Income Tax
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