COMMISSIONER OF INCOME TAX Vs. GRAF SALES LIMITED

JUDGEMENT

(1.) THE Appellate Tribunal has held that the amount remitted to the assessee by the Indian company with whom it had collaboration agreement on May 28, 1980 was for the transfer outside India of drawings, designs, documentation, etc., relating to the products manufactured by the Indian company in collaboration with the Swiss company and, therefore, the payment made fell under Section 115A(1)(ii) and rejected the Revenue's argument that it falls under Sub-clause (iii) which sub-section refers to fees for technical services. THE Tribunal referred to the Explanation to Section 9(1)(vii) which defines "technical services" and pointed out that what is contemplated is payment for services rendered and not for transfer of any technical know-how as such. THE Revenue contends that that view of the Tribunal taken by it in the appeal by the asses-see for the assessment year 1981-82 is erroneous. We do not find any substance in that submission. THE reasons given by the Tribunal are cogent and as pointed out by it, the relevant clauses of the agreement practically re-produce the language of Section 115A(1)(ii). We have perused the agreement. We are satisfied that the Tribunal has correctly understood the purport of it and the purpose for which the payment was effected. THE agreement clearly provides for the transfer of the technical know-how as contained in drawings of documentation at Switzerland.

(2.) WE therefore answer the questions referred to us, namely :--