Deputy Commissioner Of Income Tax vs Finolex Pipes Ltd. on 30 November, 2005
In support of this argument, a decision of Tribunal, Delhi Bench, in the case of Munjal Showa Ltd. v. ITO (supra) was cited. In that appeal, as per contract agreement, the assessee company had received the licence to use the industrial property right for manufacture of shock absorbers and also technical documents and know-how relating to the process for manufacturing shock absorbers. The agreement was composite, however, the issue was in respect of technical know-how and services in connection with manufacture of shock absorbers. Assessee has sought drawings and designs of equipments in order to fabricate plant and machinery in India. The Japanese company has charged a consideration towards cost of supply of know-how and design, etc.