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Lumpsum Technical know-how Fees deductible u/s. 35AB not u/s. 37
Case Law Details
- Case Name
- M/s. Drilcos (India) Pvt. Ltd. Vs Commissioner of Income Tax, Madras (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
Sub-section (1) of Section 35AB of the Act clearly states that where the assessee has paid in any previous year any lump sum consideration for acquiring any know-how for use for the purposes of his business, then one-sixth of the amount so paid shall be deducted in computing the profits and gains of the business for that previous year and the balance amount shall be deducted in equal instalments for each of the five immediately succeeding previous years. Explanation to the said section says that the word `know-how’ means any industrial information or technique likely to assist in the man...


