The Supreme Court of India has ruled in favor of the assessee taxpayers in a 20-year-old software royalty tax case.
The three-judge bench of Justice RF Nariman, Justice BR Gavai and Justice Hrishikesh Roy dismissed the tax department’s appeal and allowed the appeal by the assessees.
The victory will impact companies such as Samsung Electronics Co. Ltd., IBM India Ltd., Hewlett Packard India, Mphasis Ltd., Sonata Software Ltd., GE India and 100 others who import software for sale in India.
The case revolves around the taxability of cross-border software payments. Specifically, whether the payment received by a non-resident for giving ...
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