Impact of Supreme Court Decision on Software Payments Taxation
Monday, March 8, 2021 SC” or “ Court”) while ruling in favour of the taxpayers has put to rest the controversy on characterization of payments made by Indian residents for use / resale of computer software (“ Judgement”). 1 The SC held that the amounts paid by resident Indian end-users / distributors to non-resident computer software manufacturers / suppliers, as consideration for the resale / use of the computer software through End-user Licensing Agreements (“ EULAs”) / distribution agreements, is not the payment of royalty for the use of copyright in the computer s...