https://www.taxtmi.com/caselaws?id=70024 The Tribunal held that the consideration received by the non-resident company under the Technical Aid Agreement constituted 'royalty' and a lump sum payment. The determination of the tax rate (20% or 40%) hinged on whether the transfer of information occurred outside India, requiring further assessment by the Commissioner of Income-tax. The Tribunal upheld the Commissioner's use of section 263 for the assessment years 1983-84 to 1985-86 due to errors in the assessment process. The doctrine of merger was deemed inapplicable as the appellate authority had not made a final decision on the merits. Appeals were considered allowed for statistical purposes. en-us Mon, 18 May 1992 00:00:00 +0530 Wed, 13 Apr 2011 15:07:46 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=70024 The Tribunal held that the consideration received by the non-resident company under the Technical Aid Agreement constituted 'royalty' and a lump sum payment. The determination of the tax rate (20% or 40%) hinged on whether the transfer of information occurred outside India, requiring further assessment by the Commissioner of Income-tax. The Tribunal upheld the Commissioner's use of section 263 for the assessment years 1983-84 to 1985-86 due to errors in the assessment process. The doctrine of merger was deemed inapplicable as the appellate authority had not made a final decision on the merits. Appeals were considered allowed for statistical purposes. Case-Laws Income Tax Mon, 18 May 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=70024