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Judgment Search Results Home > Cases Phrase: patents Court: income tax appellate tribunal itat mumbai Page 1 of about 170 results (0.065 seconds)

Jul 06 1987 (TRI)

Siemens Aktiengesellschaft Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1987)22ITD87(Mum.)

..... section 9 went considerably beyond the acceptable general meaning of the term 'royalty' and took within its ambit, consideration paid, for the outright transfer of all or any rights in patents, trade marks, etc., also. the definition also took within its purview amounts paid for rendering of any services in connection with the various activities referred to in the explanation, ..... viz., imparting of information, relating to user of patents, designs, secret formula, etc., as also the outright transfer of rights relating to such items of property.21. according to the learned counsel, property for which royalty had to ..... particular he stated that the exposition in the encyclopaedia britannica which was approved by their lordships, referred to the supply to the licensee of technical know-how, apart from patented inventions, and it was also mentioned in the aforesaid extract that the form of legal protection afforded did little to change the system of royalty payments. according to the ..... was transferred the payments would partake of the nature of royalty. the fact that the secret processes of know-how may not in some cases be protected statutorily by patents would not make any difference. he emphasised that almost all the agreements contained clauses which prohibited the indian party from divulging the information supplied to it, or the documentation .....

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Jan 17 2007 (TRI)

Mangalore Refinery and Vs. Dy. Director of Income-tax (it)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)113ITD85(Mum.)

..... true that in some cases, a trading receipt may contain a fraction of the sum as taxable income, but in other cases such as interest, commission, transfer of rights of patents, goodwill or drawings for plant and machinery and such other transactions, it may contain a large sum as taxable income under the provisions of the act.whatever may be the .....

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May 27 1982 (TRI)

Albright and Wilson Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1984)8ITD57(Mum.)

..... has, on the other hand, invited our attention to the sale agreement dated 12-10-1966 which, according to him, referred to the transfer of patents also. he also invited our attention to the correspondence exchanged between the assessee and the ito during the course of the assessment proceedings for the assessment ..... . he contended that it was immaterial that subsequently during the course of the assessment proceedings the ito came to leant about the transfer of the patents and that what was really material in this case was what were the facts when the ito initiated the proceedings under section 147(a). the ..... commissioner (appeals) was not justified in holding that a sum of rs. 21,000 might reasonably be considered as the cost of the two indian patents.5. for the sake of convenience, we will take up the assessee's appeal first. we have already referred to the commissioner (appeals)'s observations ..... gains, as regards the cost, however, for reasons given in para 9 of his order, the commissioner (appeals) felt that the cost of the two patents could be reasonably taken at rs. 21,000.accordingly, he directed the ito to modify the assessment.4. being aggrieved by the aforesaid order of the ..... the ito came to learn that the assessee-company has sold its technical know-how relating to its designs, drawings, specifications, etc., and also certain patents to the indian company under an agreement dated 10-2-1966 and that in consideration thereof the indian company had allotted 21,000 equity shares of .....

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Apr 06 1990 (TRI)

Atlas Copco Mct Ab of Sweden Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1991)39ITD328(Mum.)

..... an interpretation bordering on absurdity. finally, in article vii itself the expression 'royalty' has been described as royalty or other like amount received as consideration for right to use copyrights, patents, etc. in the present case what is paid under clause lib) is described in the agreement as royalty. it is paid in consideration of the other obligations undertaken by the ..... in that other territory. in this article, the terms 'royalty' means any royalty or other like amount received as consideration for the right to use copyrights, artistic or scientific works, patents, models, designs, plans, secret processes or formulae, trade-marks and other like property or rights, but does not include any royalty or other like amount in respect of the operation ..... payments made for services in terms of clauses 3 and 4 for selection of personnel, their training, deputation of foreign personnel could not be equated with use of know-how, patents etc. we are not prepared to give such a restrictive meaning to clauses 3 and 4 of the agreement. we are further not prepared to accept that the expression "in ..... clauses were not applicable in the present agreement. sub-clauses (it), (hi) & (iv) which talk of imparting of any information concerning the working of or the use of patents or use of patents, secret formula etc. or information concerning technical, industrial, commercial or scientific knowledge were the types of services which were described in clause 5 of the agreement, and the payments .....

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Jun 05 2006 (TRI)

Amitabh Bachchan Corpn. Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... in the case of devidas vithaldas & co. v. cit was also rejected. assessing officer held, the brand equity paid cannot be equated or compared with patent. patent is protection to an invention, which required registration under patent act. patent has expiry date whereas brand does not have it. assessee's reliance in the case of alembic chemical works co. ltd. v. cit was also ..... ) 132 itr 1301 (bom.) was also distinguished. it was a case wherein the assessee entered into an agreement with the foreign company for manufacturing equipment, for which foreign party granted patent rights, technical information, etc.providing recurring royalty payment; whereas in the instant case, he held, it is payment once for all. reliance placed by the assessee in the case of ..... income the expenditure of rs. 18 crores is claimed as deductible. assessing officer accordingly made the disallowance observing as under: on a careful consideration, i find that the claim is patently inadmissible in law since the expenditure was incurred for acquiring the tools of the assessee's trade. as per the balance sheet also, there is an acquisition of an asset ..... extensions throughout the world. 3.2-1 the artist irrevocably and unconditionally grants and confirms to the corporation all consents required and contemplated by the law relating to copyright, designs, patents and trademarks and all other laws now or in future in force in any part of the world which may be required in respect of the engagement for the exploitation .....

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Mar 29 2006 (TRI)

Van Oord Dredging and Marine Vs. Adit, (international

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)297ITR115(Mum.)

..... permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments, in return for the use of patents or other rights, or by way of commission, for specific services performed or for management, or, except in the case of a banking enterprise, by way of interest on monies ..... permanent establishment to the head office of the enterprise or any of its other offices, by way of royalties, fees, or other similar payments in return for the use of patents or other rights, or by way of commission for specific services performed or for management, or, except in the case of a banking enterprise by way of interest on monies .....

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Jan 16 2007 (TRI)

Bakliwal Corporate Services P. Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)113ITD14(Mum.)

..... tenements, goods or chattels which does not depend on another's courtesy; it includes ownership, estates and interest in corporeal things, and also rights such as trade marks, copy-rights, patents and even rights in personam capable of transfer or transmission, such as debts; and signifies a beneficial right to or a thing considered as having a money value, especially with ..... allowance under section 32 is given to the assessee to compensate him for the depreciation suffered in respect of buildings, machinery, plant or furniture, being tangible assets; and know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the first day of april, 1998, if they ..... be satisfied for claiming depreciation.sub-section (1) of section 32, in so far as it is relevant to us in the present case, reads as under: (ii) know-how, patents, copyrights, trade marks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1^st day of april 1998, owned .....

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Sep 19 2007 (TRI)

M.M. Nissim and Co. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the incompatibility between the specific and general words.10. in section 32(1)(ii), the expression "licences" have been provided in the company of expressions like know-how, patents, copyrights, trademarks, franchises which are in the nature of business or commercial rights. the tenancy rights acquired by the assessee cannot be equated with the licence provided under ..... understand the different expressions including "licences" in the light of the expressions following thereafter that "any other business or commercial rights of similar nature". it means know-how, patents, copyrights, trademarks, licence, franchises, etc., need to be similar in nature pertaining to business or commercial rights. it follows that all the above expressions are placed at a ..... acquired by the assessee by paying the premium to the erstwhile tenants. the only expression which deserves to be considered in this context is "licence". the expressions know-how, patents, copyrights, trademarks, licences, franchises are followed by the general words "or any other business or commercial rights of similar nature...." therefore, it is necessary to read and ..... counsel appearing for the assessee argued the issue at length. the learned counsel invited our attention to section 32(1)(ii). the said clause reads as follows: know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, being intangible assets acquired on or after the 1-4-1998....6. the learned .....

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Nov 09 1987 (TRI)

Swastik Household and Industrial Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1988)25ITD479(Mum.)

..... possession of the assessee which could fetch substantial price in the market. none of these items figures in the balance sheet. the existence of such assets as registered trade marks, patents, copyrights, "export entitlments" and pending applications as also tenancy/occupancy rights in various buildings, some of which are included in the transfer excepting of course those relating to the lands ..... included in the transfer, but those relating to the land and buildings owned by the assessee are not transferred. the seventh schedule to the agreement deals with know-how, indian patents, etc. we have enumerated above the details of the agreement, especially those comprised in the schedules, to show that while the book value of plant, machinery, etc., has been included ..... the balance-sheet.the fourth schedule to the agreement deals elaborately with import licences, industrial licences, etc. the fifth schedule deals with a very large number of registered trade marks, patents, copyrights, export entitlements and pending applications. these include also trade marks registered in foreign countries, export entitlements, etc. the sixth schedule deals with tenancies and occupancy rights in various premises .....

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Sep 29 2004 (TRI)

Deputy Commissioner of Income Tax Vs. All Russia Scientific Research

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)98ITD69(Mum.)

..... drawings and designs, the consideration for such an outright sale and transfer cannot be regarded as in the nature of payment for use of, or right to use of, such patents, designs or models, plans, secret formulae or processes, etc. accordingly, it cannot be treated as 'royalty', as are the normal connotations of this expression in dtaas including india russia dtaa ..... the use of, or the right to use any copyright of literary, artistic or scientific work, including cinematograph films or films or tapes used for radio or television broadcasting, any patent, trademark, design or. model, plan, formula or process, or for the use of, or the right to use industrial, commercial or scientific equipment, or for information concerning industrial, commercial or ..... be treated as royalty for the purpose of article 13 of the agreement for avoidance of double taxation between india and the uk, the person who is owner of such patents, designs or models, plans, secret formulae or process, etc. retains the property in them and permits the use or allows the rights to use such ..... patents, designs or models, plans, secret formulae or process, etc. in other words, where the transferor retains the property right in the design, secret formulae, etc. and allows the use of .....

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