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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