Q. What are the equivalent citations for Commissioner of Income Tax vs Wavin India Limited ?

The equivalence citation are(1999) 155 CTR SC 164 ; (1998) 8 SCC 585 ; [1999] 236 ITR 314 (SC) ; LQ/SC/1997/1197 ;

Q. What was the bench assigned for the case Commissioner of Income Tax vs Wavin India Limited?

HONBLE JUSTICE S. C. SEN, HONBLE JUSTICE S. SAGHIR AHMAD

Commissioner Of Income Tax Vs. Wavin India Limited On 03 September, 1997

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Commissioner Of Income Tax v. Wavin India Limited

(Supreme Court Of India)

CA No. 240 to 242 of 1986 | 03-09-1997

S.C. SEN J.

We have perused the order of the Tribunal and the High Court. We are in agreement with the reasons given by the High Court for holding the expenditure to be of revenue nature. The expenditures were incurred to obtain benefit of research and development made by the foreign company. The technical information given to the Indian company was "non-exclusive" and "non-transferable". In other words, this is not an out and out sale of technical know-how. The assessee was merely given a non-exclusive and non-transferable right of user of the technical information. Expenditures in these facts cannot be said to be for acquisition of any asset at all. The appeals are, therefore, dismissed with no order as to costs.

Advocate List

Bench

HON'BLE JUSTICE S. C. SEN
HON'BLE JUSTICE S. SAGHIR AHMAD

Eq Citations

(1999) 155 CTR SC 164
(1998) 8 SCC 585
[1999] 236 ITR 314 (SC)
LQ/SC/1997/1197

Head Note

Income Tax — Appeal — Appeal to Supreme Court — Appeal dismissed — Revenue and development expenditure incurred to obtain benefit of research and development made by foreign company — Held, expenditures in these facts cannot be said to be for acquisition of any asset at all — Income Tax Act, 1961, Ss. 32(1)(i) & (ii)