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)
New Customs Scheme for Manufacturing Sector
The Regulations enable an Authorized Importer to clear the imported goods directly from port to its manufacturing unit (‘ Authorised Premi...
-
Direct Tax · No change in the rate of corporate tax including surcharge & cess.
-
Buyback is an important provision related to Share Capital of a company. Rule 17 of the Companies Act set out norms for buyback...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
The Input Service Distributor (ISD) mandate, introduced in the Union Budget 2024, will take effect from April 1, 2025, as per amendments to ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
The Union Budget 2025 introduces significant amendments to transfer pricing (TP) regulations under the Income Tax Act. These changes focu...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The Income Tax Department has developed the latest JAVA base ITR Forms utility. ITR-1 (Sahaj) and ITR-4S (Subam) JAVA base utility has ...
-
Sr No Due Date Related to Compliance to be made 1 11.02.2025 GST ...
No comments:
Post a Comment