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Advance Ruling on taxability of an American company, having no PE in India, for technology transfer to an Indian company against consideration
Case Law Details
- Case Name
- In re International Tire Engineering Resources LLC, (Authority for Advance Rulings)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
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- Advance Rulings
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SUMMARY OF CASE LAW
It cannot be doubted that the technology/know- how transfer that is contemplated by clause 2 of the `Technology Transfer Agreement’ between the parties gets covered by more than one sub-clause of Explanation 2 to section 9(1)(vi) of the Income-tax Act, 1961 i.e., sub-clauses (i),(ii) and (iv); the services in the form of technical assistance and consultancy connected with those items fall under sub-clause (vi); therefore, the consideration received by the American Company towards technology transfer/technical know-how and the services connected therewith is clearly li...
