Madras HC dismisses
Revenue’s appeal against ITAT order holding that payment made by assessee
(automobile company) to the Austrian company for design of cylinder for
improvement of fuel efficiency is not royalty, but in the nature of fees for
technical services taxable only in Austria, as per provisions of India-Austria
DTAA; Revenue had relied on clause in the general terms and conditions of
the agreement which provided that know-how, patents and ideas introduced into
the project shall remain exclusive property of Austrian company and held that
since assessee had only a right to use such know-how, etc., payment was to be
treated as royalty; Noting that relevant clause in the general terms and
condition was generic in nature and application to all agreement entered by
Australian company with third parties, holds that “it will be an improper
manner of interpretation of the technical assistance agreement by reading
clause 7 of the general conditions to state that the agreement between the
parties was a licence for which the payment made is to be treated as royalty”;
Notes that engine was developed by assessee and scope of the technical services
agreement was only to design a new 3-valve cylinder head with a specified
combustion system, thus holds that Tribunal decision in assessee's own case for
earlier year holding payment to be FTS "would be applicable with full
force to the case on hand" :HC
Subscribe to:
Post Comments (Atom)
Delhi HC holds 10% pre-deposit requirement for penalty-only appeals inapplicable where SCN was issued before amendment
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
This Tax Alert summarizes a recent Circular issued by the Central Board of Indirect Taxes and Customs (CBIC) clarifying the manner of gra...
-
This Tax Alert summarizes a recent judgement of the Kerala High Court (HC) 1 upholding the validity of GST notifications 2 extending the t...
No comments:
Post a Comment