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Explanation 4.--For the removal of doubts, it is hereby clarified that the transfer of all or any rights in respect of any right, property or information includes and has always included transfer of all or arty right far use or right to use a computer software (including granting of a licence} irrespective of the medium through which such right is transferred. Explanation 5.--for the removal of doubts, it is hereby clarified that the royalty includes and has always included consideration in respect of any right, property or information, whether or not--

Case of the revenue :Taxation under the I T Act, 1961: The assessment year is AY 2012- 13 and therefore the provisions of Explanation 4 (Inserted by Finance Act 2012 wref 1/6/1976) to Section 9(l)(vi) are definitely applicable. The provisions of Explanation 4 are reproduced below for ready reference :

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S h e l l In d i a M a r k e t s P r i v a te L i m i t e d Explanation 4 - For the removal of doubts, it is hereby clarified that the transfer of all or any rights in respect of any right, property or information includes and has always included transfer of all or any right for use or right to use a computer software (including granting of a license) irrespective of the medium through which such right is transferred, [emphasis supplied].