Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Japan entered into joint venture with SIEL Ltd and incorporated assessee-company. as a joint venture company Technical fee with reference to acquisition of technical information - If is a capital expenditure or revenue expenditure - HMCL |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Tax/Taxation: c D E F G H Technical fee with reference to acquisition of technical information - If is a capital expenditure or revenue expenditure - HMCL, Japan entered into joint venture with SIEL Ltd and incorporated assessee-company. as a joint venture company - Thereafter, HMCL, Japan entered into Technical Collaboration Agreement with assessee-company to provide it different kinds of technical know-how and technical information on payment of technical fee on yearly basis - Whether technical fee payable by assessee on yearly basis is to be treated as capital expenditure or revenue expenditure - Held: If the technical know-how obtained under agreement for which technical fee/royalty is paid is for a limited period and only right lo use the technical know-how is there during the agreement with no right of acquisition, coupled with fact that technical know-how is utilised for improvising existing business, expenditure would be treated as revenue expenditure, however, position may be different if technical know-how is for purpose of setting up a new business - In instant case, the very purpose of agreement between the two companies was to set up a joint venture company with aim and objective to establish a unit for manufacture of automobiles and part thereof - Technical collaboration with assessee-company included not only tram.fer of technical information, but, complete assistance, actual, factual and on spot, for establishment of plant, machinery etc. so as to bring in existence manufacturing unit for products - A new business was set up with technical know-how provided by HMCL, Japan - Technical collaboration agreement was framed in a manner so as to give a colour of license for limited period but close scrutin.v of the same shows it to be, otherwise - Therefore, expenditure incurred was of capital nature. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 477 |
Petitioner | Honda Siel Cars India Ltd. |
Respondent | Commissioner Of Income Tax, Ghaziabad |
SCR | [2017] 6 S.C.R. 1004 |
Judgement Date | 2017-06-09 |
Case Number | 4918 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |