Import of software (deduction of TDS u/s 195)

CA Mukesh Jain S (Chartered Accountant in Practice)   (692 Points)

09 June 2010  

One of my friend has imported the software from non resident (germany & Italy). Whether he needs to deduct TDS u/s 195 by considering it as royalty within sec9 of the IT Act.

I want to know the views of case laws where in it has been told that purchase of software is purely goods & not royalty