Approval of agreement under which assessee-company receives royalty, etc., from Government of foreign State or foreign enterprise, which is eligible for deduction under the section - Guidelines therefor
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Royalty deduction eligibility clarified to include trademark payments and permit approvals with allocations for composite agreements.
Approval under section 80-O provides concessional tax treatment for royalty, commission, fees or similar payments from foreign governments or enterprises, subject to Board approval, bona fides, and assessment determination. Trademark payments are within the scope of royalty. Composite agreements may receive approval with suitable disallowance for non qualifying elements so that the qualifying portion may be exempted. The concession is conditional on receipt in convertible foreign exchange, restricted to Indian companies prospectively, and requires submission of a standard application with supporting agreement documentation.