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Union of India - Section

Section 180A in The Income Tax Act, 1961

180A. [ Consideration for know-how. [Inserted by Act 32 of 1985, Section 31 (w.e.f. 1.4.1986).]

- Where the time taken by an individual, who is resident in India, for developing any know-how is more than twelve months, he may elect that the gross amount of any lump sum consideration received on receivable by him ] [ Inserted by Act 44 of 1980, Section 28 (w.r.e.f. 1.4.1980).][during the previous year relevant to the assessment year commencing on the 1st day of April, 2000 or earlier assessment years] [ Substituted by Act 27 of 1999, Section 68, for " during the previous year" (w.e.f. 1.4.2000).][for allowing use of such know-how shall be treated for the purposes of charging income-tax for that year and for each of the two immediately preceding previous years as if one-third thereof were included in his income chargeable to tax for each of those years respectively and if he so elects, notwithstanding anything contained in any other provision of this Act,-
(a)such gross amount shall be so treated, and
(b)the assessments for each of the two preceding previous years shall, if made, be accordingly rectified under section 154, the period of four years specified in sub-section (7) of that section being reckoned from the end of the financial year in which the assessment relating to the previous year in which the amount was received or receivable by such individual is made.
Explanation. - For the purposes of this section, the expression "know-how" has the meaning assigned to it in section 35-AB.] [Inserted by Act 32 of 1985, Section 31 (w.e.f. 1.4.1986).][* * *] [ Omitted by Act 26 of 1988, Section 36 (w.e.f. 1.4.1989).]