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2009 (10) TMI 38 - HC - Income TaxRoyalty – ITAT held that amount paid for supply of data and information cannot be treated as a royalty under the provisions of Section 9 of the Income Tax Act, 1961 and in allowed remittances without deduction of tax at source – held that - The foreign company has no business in India. It has no plant in India. The transaction took place in Singapore. The agreement was entered into between the parties at Singapore and the documents were handed over to the representative of the Indian company at Singapore. This is a case of outright purchase of plant know how and not a case of transfer of interest – ITAT was right in holding that the assesse had purchased the designs, sketches, photographs etc – answered in favor of assessee and against the revenue
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