TMI Blog1982 (10) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... porated under the Companies Act, 1956, carries out scientific tests in its research laboratory in India. G. D. Searle Co., which is incorporated in the United States of America, imports psyllium husks from India required to conform to its quality specifications. An agreement was entered into on 1st January, 1975, between the petitioner and G. D. Searle Co. of the U.S.A. whereby the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esent appeal. The only question that arises in this appeal is whether the CBDT is liable to grant approval to the petitioner's agreement under s. 80-0. In order to ascertain whether s. 80-0 would or would not be applicable, reference to the relevant terms of the agreement dated 1st January, 1975, between the petitioner and G. D. Searle Co. of U.S.A. would be material. Clause I of that agreemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evant excerpts whereof are as under? " Where the gross total income of an assessee, being an Indian company, includes any income by way of ... payment received by the assessee from ... a foreign enterprise in consideration for the use outside India of... information concerning industrial, commercial or scientific knowledge, experience or skill made available or provided or agreed to be made avai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fest from the terms of the agreement itself. In other words, all that the petitioner did was to send to G. D. Searle Co. in the U.S.A. the test results with the requisite certificate whether the article fell within the required specifications. Such is the purpose of the agreement dated 1st January, 1975. What was given by the petitioner was merely a technical service and nothing else. The petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
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