Liability to Deduct TDS

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 .

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Judgement posted by

CA.Saibaburao Nanduri

Chartered Accountant

I am a commerce graduarte of Andhra University. Studied at HINDU COLLEGE, Guntur. Became FCA and started Practice under the name and style of M/s SAIBABU RAO CO I became Chairman of CA Institute, Guntur Branch, during the year 2008-09 My post qualifications are: Information Systems Audit DISA (ICAI) ... Read more

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