Section 10 in The Income Tax Act, 1961
10. Incomes not included in total income
resident in India including provision of download of data or software in India, if the aggregate of payments arising from such transaction or transactions during ... rights (including the granting of a licence) in respect of computer software supplied by a non-resident manufacturer alongwith a computer or computer-based equipment
undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years beginning with the assessment year relevant ... undertaking begins to manufacture or produce such articles or things or computer software, as the case may be, shall be allowed from the total income
export-oriented undertaking from the export of articles or things or computer software for a period of ten consecutive assessment years beginning with the assessment ... undertaking begins to manufacture or produce articles or things or computer software, as the case may be, shall be allowed from the total income
paid by the concerned persons resident in India to non-
resident, foreign software suppliers, amounted to royalty and as this
was so, the same constituted ... four categories:
i) The first category deals with cases in which computer software is
purchased directly by an end-user, resident in India, from
drivers, passengers and other road users; (k) standards of the components [, including software,] used in the vehicle as inbuilt safety devices; (l) provision for transportation
Centre or Industrial Growth Centre or Industrial Estate or Industrial Park or Software Technology Park or Industrial Area or Theme Park, as notified ... Centre or Industrial Growth Centre or Industrial Estate or Industrial Park or Software Technology Park or Industrial Area or Theme Park, as notified
derived from the export of articles or things or services (including computer software) shall be the amount which bears to the profits of the business ... incurred in foreign exchange in rendering of services (including computer software) outside India; (ii) "export in relation to the Special Economic Zones" means taking goods
Mobilox Innovations Private Ltd vs Kirusa Software Private Ltd on 21 September, 2017
Equivalent citations: AIR 2017 SUPREME COURT ... APPEAL NO. 9405 OF 2017
Mobilox Innovations Private Limited … Appellant
Versus
Kirusa Software Private Limited … Respondent
JUDGMENT
R.F. Nariman, J.
1. The present appeal
80HHE. [ Deduction in respect of profits from export of computer software, etc. [Inserted by Act 49 of 1991, Section ... engaged in the business of,- (i) export out of India of computer software or its transmission from India to a place outside India