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Income Tax

Know-how under development is self-generated asset & hence no Capital Gain Tax

Case Law Details

Case Name
Bharat Serums And Vaccines Ltd. Vs ACIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2006-07
Advertisement Bharat Serums And Vaccines Ltd. Vs ACIT (ITAT Mumbai) The issue under consideration is whether the CIT(A) is correct in holding that consideration received on assignment of know-how is chargeable to tax as Capital Gains? In the present case, the assessee received a consideration for assignment of know how relating to scientific, medical and technical documents. The assessee claimed this amount as exempt as capital receipt. The AO arrived at this conclusion that the said receipt is chargeable to tax u/s 41(3) of the Act. Feeling aggrieved, the assessee filed an appeal before th...
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Author Info

Prapti Raut
Name: Prapti Raut
Qualification: Student - CA/CS/CMA
Location: MUMBAI, Maharashtra
Articles Published: 475

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