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Showing contexts for: computer includes computer software in Deputy Commissioner Of Income Tax, ... vs Ashok Leyland Limited, Chennai on 25 September, 2024Matching Fragments
4.2 Aggrieved, the assessee preferred an appeal before the Ld.CIT(A) who upheld the action of the AO by holding as under:
".... I do not agree that TDS is not applicable on software, since the provisions of the Act itself has been amended to include software under the ambit of 'royalty As per the amended provisions, explanation (4) was inserted to section 9(1)(vi) of the IT Act by the Finance Act, 2012 with retrospective effect from 01-04-1976 to clarify that transfer of rights in respect of any right, property or information includes transfer of right to use a computer software (including granting of a license) irrespective of the medium through which such right is transferred. In the instant case, the Appellant has purchased software licenses which squarely fall under the definition of 'royalty' u/s.9(1)(vi) of the IT Act based on this amendment. This amendment is only clarificatory in nature and hence, the principle applies to years prior to the amendment as well."