Case Law Details
Case Name : Allianz SE (Formerly known as Allianz AG) Vs. Asstt. Director of Income-tax (ITAT Pune)
Related Assessment Year : 2005-06
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There is no disagreement between the taxpayer and the AO that (a) in terms of the license agreement, the taxpayer has granted only right to use of a copyrighted article and not for the use of a copyright and (b) the copyright continue to remain with the CGI. The Special Bench of the Delhi Tribunal in the case of Motorola Inc has observed that if the payment was for a copyright, it was liable to be classified as ‘royalty’ under the Act as well as under the tax treaty.
However, if the payment is found to be for a copyrighted article, it takes the character of purchase price of the article an...
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will this decision holds good after the amendment made in the finance bill 2012