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)
ITAT Amendment Rules, 2025 – Key Procedural Changes and Practical Takeaways
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
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...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
In a landmark development that could have far-reaching implications for multinational groups operating in India, the Hon’ble Bombay High C...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The taxation of transactions within a Hindu Undivided Family (HUF) is governed by specific provisions under the Income Tax Act, 1961. This...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
As per Income Tax Laws, any sum received or receivable in cash or kind under an agreement for not carrying business or profession is treat...
No comments:
Post a Comment