https://www.taxtmi.com/caselaws?id=6594 Consideration for an assignment executed outside India was held not taxable in India as either business income or royalty because the deed transferred only contractual rights and obligations, involved no transfer of technical know-how, patents, licence, secret formula or similar intellectual property, and lacked a real business connection in India for deemed accrual under section 9(1)(i). As the sum was not chargeable to tax in India, the statutory precondition for deduction under section 195 was not satisfied, so no withholding obligation arose on remittance. The ruling therefore accepted the non-resident assignor's tax position and excluded both Indian taxability and source withholding. en-us Mon, 21 Aug 2006 00:00:00 +0530 Thu, 15 Jan 2009 00:00:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=6594 Consideration for an assignment executed outside India was held not taxable in India as either business income or royalty because the deed transferred only contractual rights and obligations, involved no transfer of technical know-how, patents, licence, secret formula or similar intellectual property, and lacked a real business connection in India for deemed accrual under section 9(1)(i). As the sum was not chargeable to tax in India, the statutory precondition for deduction under section 195 was not satisfied, so no withholding obligation arose on remittance. The ruling therefore accepted the non-resident assignor's tax position and excluded both Indian taxability and source withholding. Case-Laws Income Tax Mon, 21 Aug 2006 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=6594