Taxation of payment made for foreign software
Question - Whether 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 EULAs/distribution agreements, is the payment of royalty for the use of copyright in the computer software, and that the same give rise to any income taxable in India, as a result of which the persons referred to in section 195 of the Income Tax Act are liable to deduct any TDS under section 195 of the Income Tax Act? Analysis: There cane be following 4 cases: Case 1 - Computer software is purchased directly by an end-user, resident in India, from a foreign, non-resident supplier or manufacture. Case 2 - Resident Indian companies that act as distributors or resellers, by purchasing computer software from foreign, non-resident suppliers or manufacturers and then reselling the same to resident Indian end-users. Case 3 - Distributor happen to be a foreign, non-resident vendor, who, a