Director of Income-tax (International Taxation) v. Zimmer AG
[Citation -2014-LL-1118-4]

Citation 2014-LL-1118-4
Appellant Name Director of Income-tax (International Taxation)
Respondent Name Zimmer AG
Relevant Act Income-tax
Date of Order 18/11/2014
Assessment Year 2003-04, 2004-05
Judgment View Judgment
Keyword Tags domestic company • know-how • non-resident • outright sale

ORDER SHEET ITA NO.281 OF 2009 IN HIGH COURT AT CALCUTTA Special Jurisdiction [Income Tax] ORIGINAL SIDE DIRECTOR OF INCOME TAX(INTERNATIONAL TAXATION) Versus ZIMMER AG BEFORE: Hon'ble JUSTICE SOUMITRA PAL Hon'ble JUSTICE ARINDAM SINHA Date : 18th November, 2014. For appellant : Mr. M. P. Agarwala. Court : This appeal has been preferred by appellant/Revenue under section 260A of Income Tax Act, 1961 against order dated 28.4.2009 passed by Income Tax Appellate Tribunal, C Bench, Kolkata in ITA nos. 1717 and 1718 [Kol] of 2008 for assessment years 2003-04 and 2004-05 on following question : Whether, on facts and in circumstances of case, Income-tax Appellate Tribunal is correct in holding that sums of Rs.71,86,208 and Rs.6,92,31,746 for assessment years 2003-04 and 2004-05, respectively, for supply of Engineering Know-how by assessee, constituted receipts for outright sale, and not royalty, in view of fact that relevant agreement had secrecy and confidentiality clauses imposing restrictions on domestic company and confidential information remained property of non-resident company ? 2 It is submitted by Mr. Agarwal that same question was not admitted for adjudication in appeal by this court in assessee s own case by order dated 3rd September, 2008 in ITA No.640 of 2008 [Director of Income Tax (International Taxation) vs. Zimmer AG South Asian Petrochem Ltd.]. Therefore, no substantial question is involved. Hence, both appeal and application are dismissed. learned Registrar, Original Side is directed to serve copy of this order on respondent assessee by speed post within fortnight from date of sending down records. (SOUMITRA PAL, J.) ARINDAM SINHA, J.] ss. Director of Income-tax (International Taxation) v. Zimmer AG
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