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[Cites 0, Cited by 0] [Section 152] [Entire Act]

Union of India - Subsection

Section 152(8) in The Income Tax Act, 2025

(8)For the purposes of this section,––
(a)"Controller" means the authority as defined in section 2(1)(b) of the Patents Act, 1970;
(b)"lump sum" includes a non-returnable advance payment for royalties;
(c)"patent" means any patent granted, including a patent of addition, under the Patents Act, 1970;
(d)"patentee" means the true and first inventor recorded as the patentee under the Patents Act, 1970, including joint patentees recorded as such true and first inventors;
(e)"patent of addition" shall have the same meaning as assigned to it in section 2(1)(q) of the Patents Act, 1970;
(f)"patented article" and "patented process" shall have the same meanings as assigned to them in section 2(1)(o) of the Patents Act, 1970;
(g)"royalty" in respect of a patent, means consideration for—
(i)the transfer of all or any rights (including the granting of a licence) in respect of a patent; or
(ii)the imparting of any information concerning the working of, or the use of, a patent; or
(iii)the use of any patent; or
(iv)the rendering of any services in connection with the activities referred to in sub-clauses (i) to (iii), but does not include any consideration,––
(A)which would be the income of the recipient chargeable under the head "Capital gains"; or
(B)for sale of product manufactured with the use of patented process or of the patented article for commercial use;
(h)"true and first inventor" shall have the same meaning as assigned to it in section 2(1)(y) of the Patents Act, 1970.