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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)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2006-07
- Courts
- All ITAT, ITAT Mumbai
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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...






