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)
Is Opting for Section 115BAA Like a Life Sentence? Debunking the Myth
The introduction of Section 115BAA under the Income Tax Act, 1961 offered a lucrative flat tax rate for domestic companies in exchange for f...
-
Section Particulars TDS Rate Individual/ HUF (Indian Resident)(in %) TDS Rate for (NRI) in India (in %) ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
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...
-
· SC dismisses SLP to hold that capital reduction leads to transfer of shares and exigible to capital gains taxation
-
Regulatory Updates: Customs Regulations: The DGFT revised the Handbook of Procedures for the General Authorization for Export after Repair...
-
This Tax Alert summarizes the recent Notification [1] and Circular [2] issued by Central Board of Indirect Taxes and Customs (CBIC) addr...
-
Key Points Article 13: Capital Gains Taxation Article 13(4): Exempts capital gains from taxation in India for residen...
-
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...
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
No comments:
Post a Comment