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Showing contexts for: computer includes computer software in Rich Graviss Products P.Ltd, Mumbai vs Assessee on 28 August, 2014Matching Fragments
16. We have heard the learned representatives of the parties. As submitted by Ld D.R, the transfer of all or any right for use or right to use a computer software (including granting of license) is included in the definition of "royalty" under Explanation 4 to sec. 9(1)(vi) of the Act. Further the provisions of sec.
I.T.A. No. 7772/Mum/2011 194J also brings "royalty" under its purview. However, during the course of hearing, the DR was fair enough to agree with the contention of the learned AR that the transactions/payments made by the assessee before the insertion of clause (ba) in sec. 194J, which has been inserted with effect from 13.7.2006, will not be hit by the provisions of sec. 194J of the Act. Accordingly, it is held that section 194J will not be attracted to the payments made by the assessee for purchase of software before 13.07.2006.