TaxTMI 
TaxTMI 
2004 (7) TMI 280
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....iously employed in Associated Instrument Manufacturers (India) Ltd., up to 1995 and was regularly assessed in salary circle. Retainer fee/consultancy charges are received from X-ray Research GmbH in convertible foreign exchange in India. The assessee claimed that he is a qualified technician in the field of instrumentation for X-ray Crystallography. While attending a seminar he came into contact with the director of M/s. X-ray Research GmbH, Hamburg, Germany and claimed to have entered into an oral agreement with it as the company was desirous of entering the Indian market. In order to establish their presence by supplying scientific, industrial and commercial information regarding sales potentiality of the Indian market. With the help of t....
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....dying petroleum sector, analyzing products to various customers by Swiss company. The services rendered by him amounted to technical services to a foreign enterprise. In that case, according to the learned DR, the services were rendered outside India. Moreover, the learned DR pointed out that the payment to the assessee in that case was not in consideration for the use outside India of any patent, invention, model, design or registered trademark. The assessee has only rendered service by providing commercial information regarding sales potentiality in Indian market. The learned DR disputed the claims of the assessee. 4. The learned counsel, on the other hand, strongly relied upon the discussions made in the impugned order. 5. I have c....
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....invention, design or registered trademark; and (iv) such income is received in convertible foreign exchange in India etc. The assessee in this case, as found by the CIT(A) entered into an oral agreement with the German company, which expressed its desire of entering the Indian market. It may be mentioned that M/s. X-ray Research GmbH, is a company which was engaged in the manufacture of X-ray instruments. The assessee is a qualified technician and had several years of experience by working for several companies in similar fields. In other words, the assessee has helped the overseas manufacturer to find its market in India. The consideration if at all paid by the German company was for helping the said company for finding its market in....