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Case Law Details

Case Name : Oil and Natural Gas Corporation Limited Vs ITO (ITAT Ahmedabad)
Appeal Number : ITA Nos. 1881-1882/AHD/2019
Date of Judgement/Order : 03/08/2022
Related Assessment Year :
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Oil and Natural Gas Corporation Limited Vs ITO (ITAT Ahmedabad)

Held that TDS not deductible when neither any patent or copyright was used by the assessee against which the royalty was paid nor there was any technical know-how made available to the assessee.

Facts-

The assessee is Central Public Sector Undertaking. The assessee has entered into an agreement with University of Texas at Austin, USA. The agreement was entered to carry out research activity in collaboration with the assessee for the development of suitable chemical Enhanced Oil Recovery (EOR) formulations for its 5 reservoirs. The assessee agreed to pay to the University of Texas at Austin for the services to be availed as per the agreement for a sum of USD 0.99 million for each reservoirs which comes to USD 4.95 million in aggregate.

The assessee applied for an order u/s 195(2) of the Act dated 18-06-2018 to the ITO Int. Tax, to determine the proportion of sums chargeable to tax on which tax is required to be deducted.

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