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Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreA voluntary organisation established on 6th July 1949, BCAS has presently more than 9,000 members from all over the country. BCAS is a principle-centered and learning-oriented organisation promoting quality service and excellence in the profession of Chartered Accountancy.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
Learn MoreLorem Ipsum has been the industry's standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book.
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• The Taxpayer made payments to Contract Research Organizations (CRO) in USA and Canada for conducting ‘bio-equivalence studies’ and the report provided by the CRO was submitted to the regulatory authorities for patent registration.
• The Tax authority contended that such payments should be treated as FTS under the DTAAs.
Held:
• The study conducted by CROs to comply with the regulations in USA and Canada does not involve transfer of technical plan or design nor does it make available any technical knowledge, experience or know-how to the Taxpayer.
• The taxpayer did not get any benefit out of the said services and was only getting a report in respect of field study conducted on its behalf, which would help it in getting registration with the Regulatory Authority.
• AAR’s decision in the case of Anapharm Inc. [305 ITR 394], supports that income from bioequivalent studies was not taxable in India, in terms of the treaty as the fees not taxable in India were business income which did not satisfy ‘make available’ test.