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Indian tribunal favours taxpayer over arm’s length payment of royalty for technical services

December 08, 2010

Sophie Ashley - TPW

The Delhi Income Tax Appellate Tribunal upheld, in the case of Abhishek Auto Industries, the company’s arm’s-length justification of the payment of a royalty fee for technical know-how and assistance to a manufacturing entity.

The tribunal further ruled that the income tax department cannot intervene in the commercial activities of an inter-company agreement.

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