Google Payments to Ireland Outfit Not Royalty, Not Subject to Withholding Tax, ITAT Says

In a 2018 order, the ITAT had held that Google India's payment to Google Ireland was a royalty and the tax should be paid in India.

Advertisement
By Press Trust of India | Updated: 22 October 2022 12:03 IST
Highlights
  • The Bengaluru-bench of the ITAT passed the ruling
  • In its new ruling dated October 19, ITAT set aside its 2018 order
  • ITAT said that such transfer of money was not a royalty

The competition watchdog on Thursday slapped a steep penalty of Rs. 1,337.76 crore on Google

Photo Credit: Google

Google India was granted relief on Friday as the Income Tax Appellate Authority (ITAT) said the payments made by the company to Google Ireland between 2007-08 and 2012-13 were not royalties and were hence not subject to withholding tax. The Bengaluru-bench of the ITAT passed the ruling after re-examining the matter on the orders of the Karnataka High Court. The case relates to whether payments totalling Rs 1,457 crore made by Google India to Google Ireland is a royalty and whether the tax was to be withheld in India.

The ITAT in its earlier order in 2018 had held that Google India's payment to Google Ireland is royalty and tax should be paid in India. However, Karnataka High Court directed ITAT to re-examine the matter.

Advertisement

In its fresh ruling dated October 19, 2022, the ITAT set aside its 2018 order and said that such transfer of money was not a royalty.

Allowing the appeal of Google India, the ITAT, in a 72-page order dated October 19, said, "we hold that the impugned payment cannot be characterised as royalty under the India-Ireland DTAA." An email sent to Google India for comment on the issue did not elicit a response.

The ITAT ruling comes a day after Google was hit with a Rs. 1,337.68 crore penalty, imposed by the Competition Commission of India (CCI) for abusing its dominant position in multiple markets in relation to Android mobile devices.

The CCI's penalty amount of Rs. 1,337.68 crore imposed on Google is "provisional", the regulator said, as it has asked the internet major to furnish requisite financial details since the data was not presented in a reliable manner.

Advertisement

The penalty of Rs. 1,337.76 crore translates to 10 percent of Google's average of relevant turnover for the last three preceding financial years 2018-19, 2019-2020 and 2020-21.


Apple launched the iPad Pro (2022) and the iPad (2022) alongside the new Apple TV this week. We discuss the company's latest products, along with our review of the iPhone 14 Pro on Orbital, the Gadgets 360 podcast. Orbital is available on Spotify, Gaana, JioSaavn, Google Podcasts, Apple Podcasts, Amazon Music and wherever you get your podcasts.
Affiliate links may be automatically generated - see our ethics statement for details.
 

Get your daily dose of tech news, reviews, and insights, in under 80 characters on Gadgets 360 Turbo. Connect with fellow tech lovers on our Forum. Follow us on X, Facebook, WhatsApp, Threads and Google News for instant updates. Catch all the action on our YouTube channel.

Advertisement

Related Stories

Popular Mobile Brands
  1. Amazon Great Indian Festival Sale 2026: Best Deals on Fire TV Stick and Streaming Devices
  2. Grand Theft Auto 6 Will Reportedly Launch on PC Before the End of March 2027
  3. ColorOS 17 Upgrades These Oppo, OnePlus and Realme Devices to Android 17
  4. Oppo Find X10, Find X10 Pro Max Retail Boxes Surface With Price Details
  5. Dell XPS 13 With Intel Core Ultra Series 3 Processors Launched in India
  1. ColorOS 17 Launched Globally: Android 17 Features, Eligible Oppo, OnePlus and Realme Devices
  2. Oppo Find X10, Find X10 Pro Max India Prices Leak via Retail Box Labels Ahead of Launch
  3. Grand Theft Auto 6 Will Reportedly Launch on PC Before the End of March 2027
  4. Amazon Great Indian Festival Sale 2026: Best Deals on Fire TV Stick and Streaming Devices
  5. Amazon Great Indian Festival 2026: Best Window AC Deals
  6. Amazon Great Indian Festival 2026: Best Dishwasher Deals From Hafele, IFB, Bosch and More
  7. Google Gemini 4 Argon Launched Globally for Developers and Enterprises
  8. Amazon Great Indian Festival 2026: Best TVs Under Rs. 30,000 From Samsung, TCL, Xiaomi and More
  9. South Korea Restricts Access to KuCoin, MEXC and 25 Other Crypto Platforms
  10. Apple TV 4K (4th Generation), HomePod Mini 2 Launched in India With Siri AI: Price, Specifications
Download Our Apps
Available in Hindi
© Copyright Red Pixels Ventures Limited 2026. All rights reserved.