Saturday, May 28, 2011

Remittances for acquisition of 'TALO' processes (used in sugar industry) by

Remittances for acquisition of `TALO' processes (used in sugar industry) by assessee on a non-exclusive basis from U.K. can't be construed as royalties

Income-tax : Consideration paid by assessee for transfer of drawings, designs, etc., outside India by an English company, having expertise in TALO processes, to the assessee did not constitute royalty "as contemplated under Article 13 of the DTAA" [Section 9 of the Income-tax Act, 1961 - Income - Deemed to accrue or arise in India - Indo-UK Tax Treaty - Article 13 (Royalties and Fees for Technical Services)] - [2011] 10 taxmann.com 124 (Delhi)

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