assessee. To
sum up, the payment of royalty @ 4.45% viz. (i) royalty for
trademark:1.75%; and (ii) royalty for technical knowhow ... technical knowhow royalty worked
out at 2.3% [8.4% (average payment of royalty for both marketing &
processing royalty) - 6.1% (average payment of royalty for marketing
Government clarifying
that royalty payment cannot exceed 2% and further the royalty
payment for technical knowhow subsumes royalty payment for
trademark. In this context ... case of technology transfer
payment of royalty subsumes the payment for royalty for use of
trademark, however, in a subsequent Press Note issued
expenses on account of procurement of technology, such as patents, copyright, trademark, royalty, technical know-how, consultancy charges, etc., shall not be included
Government clarifying that royalty payment
cannot exceed 2% and further the royalty payment for technical
knowhow subsumes royalty payment for trademark. In this context ... case of technology transfer payment
of royalty subsumes the payment for royalty for use of trademark,
however, in a subsequent Press Note issued
Government clarifying that royalty payment
cannot exceed 2% and further the royalty payment for
technical knowhow subsumes royalty payment for
trademark. In this context ... case of technology transfer payment of royalty
subsumes the payment for royalty for use of
trademark, however, in a subsequent Press Note
issued
assessee paid aggregate royalty of 2.25%.
Forming an opinion that royalty for technical know-how subsumes royalty
for trademark and therefore, the separate royalty ... Government clarifying that royalty payment cannot exceed 2%
and further the royalty payment for technical knowhow subsumes royalty payment for
trademark. In this context
Government clarifying that royalty payment cannot exceed 2% and further
the royalty payment for technical knowhow subsumes royalty payment for
trademark. In this context ... case of technology transfer payment of
royalty subsumes the payment for royalty for use of trademark, however,
in a subsequent Press Note issued
also the tribunal.
B. ROYALTY
I. Transfer pricing adjustment of Royalty for licensed
trademark
7.1. The assessee has challenged the addition ... licence given by SMC, the assessee
paid a total royalty of Rs.254,39,19,633/- divided into two parts,
namely, Running royalty
issued by theGovernment clarifying that royalty
payment cannot exceed 2% and furtherthe royalty payment
for technical knowhow subsumes royalty payment
fortrademark. In this context ... theGovernment clarifying that royalty
payment cannot exceed 2% and further theroyalty payment
for technical knowhow subsumes royalty payment for
trademark.In this context, the Transfer
Trademark Royalty of Rs. 18.43
Crore on the basis that assessee should not have paid royalty for the use
of Trademark as brand name ... royalty or technical
knowhow royalty. The TPO computed the average payment of
processing/technical knowhow royalty at 2.3% by reducing the average
payment of royalty
