Approval of agreement under which assessee-company receives royalty, etc., from any concern in India which is eligible for deduction under the section - Guidelines therefor
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Approval of technical know how agreements: Board may approve composite agreements subject to disallowance for non qualifying items. The Board will approve agreements under section 80MM only where they genuinely provide specified technical know how likely to assist defined productive operations, are entered into on or after 1 April 1969 (with Indian company eligibility rules effective from 1 April 1975), and are not collusive or vague. Composite agreements combining qualifying and non qualifying items will be approved, where practicable, subject to suitable disallowance for non qualifying components; otherwise approval may be refused. Applicants must submit certified copies of the agreement and a detailed proforma of disclosures.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Approval of technical know how agreements: Board may approve composite agreements subject to disallowance for non qualifying items.
The Board will approve agreements under section 80MM only where they genuinely provide specified technical know how likely to assist defined productive operations, are entered into on or after 1 April 1969 (with Indian company eligibility rules effective from 1 April 1975), and are not collusive or vague. Composite agreements combining qualifying and non qualifying items will be approved, where practicable, subject to suitable disallowance for non qualifying components; otherwise approval may be refused. Applicants must submit certified copies of the agreement and a detailed proforma of disclosures.
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