1998 (11) TMI 67

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-The Appellate Tribunal has held that the amount remitted to the assessee by the Indian company with whom it had collaboration agreement on May 28, 1980 was for the transfer outside India of drawings, designs, documentation, etc., relating to the products manufactured by the Indian company in collaboration with the Swiss company and, therefore, the payment made fell under section 115A(1)(ii) and r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....d the purport of it and the purpose for which the payment was effected. The agreement clearly provides for the transfer of the technical know-how as contained in drawings of documentation at Switzerland. We therefore answer the questions referred to us, namely:--- "(i) Whether, on the facts and in the circumstances of the case and having regard to the provisions of section 9 of the Income-ta....