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Consideration for transfer of limited right to use the know-how taxed as royalty income
Case Law Details
- Case Name
- Atlas Copco AB of Sweden Vs. CIT (Bombay High Court)
- Courts
- All High Courts, Bombay High Court
Atlas Copco AB of Sweden Vs. CIT (Bombay High Court) -(2012-TII-02-HC-MUM-INTL)
It was held that Amount received by the taxpayer was on account of right to use the know-how for a specified period and there was no outright transfer of know-how. Therefore, amount received was royalty and taxable in India.
The High Court relied on the findings of the Tribunal and held that as per the agreement, the amounts were paid to the taxpayer on account of right to use the know-how for a specified period and there was no outright transfer of know-how by the taxpayer.
The taxpayer retained all the rights i...
