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Income Tax Act, 1961 Section 115A

Title: Tax on Dividends, Royalty and Technical Service Fees in the Case of Foreign Companies

State: Central

Year: 1961

.....being a company) or a foreign company, includes any income by way of royalty or fees for technical services other than income referred to in sub-section (1) of section 44DA] received from Government or an Indian concern in pursuance of an agreement made by the foreign company with Government or the Indian concern after the 31st day of March, 1976, and where such agreement is with an Indian concern, the agreement is approved by the Central Government or where it relates to a matter included in the industrial policy, for the time being in force, of the Government of India, the agreement is in accordance with that policy, then, subject to the provisions of sub-sections (1A) and (2), the income-tax payable shall be the aggregate of, (A) the amount of income-tax calculated on the income by way of royalty, if any, included in the total income, at the rate of thirty per cent if such royalty is received in pursuance of an agreement made on or before the 31st day of May, 1997 and twenty per cent where such royalty is received in pursuance of an 3[agreement made after the 31st day of May, 1997 but before the 1st day of June 2005]] 4[(AA) the amount of income-tax calculated on the.....

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Oilfields (Regulation and Development) Act, 1948 Section 6A

Title: Royalties in Respect of Mineral Oils

State: Central

Year: 1948

.....whole or any part of the royalty leviable thereon.".] _________________________ 1. Inserted by Oilfields (Regulation and Development) Amendment Act, 1969), Section 3 (with retrospective effect from 1-1-1968). 2. Substituted by the Oilfields (Regulation and Development) (Amdt) Act, 1998 w.e.f. 03-09-1998. Prior to Substitution it read as under "(4) The central Government may, by notification in the Official Gazette, amend the Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral oil with effect from such date as may be specified in the notification: Provided that the Central Government shall not- (a) fix the rate of royalty in respect of any mineral oil so as to exceed twenty per cent of the sale price of the mineral oil at the oilfields or the oil well-head, as the case may be, or (b) enhane the rate of royalty in respect of any mineral oil more than once during any period of [three years] [(5) Notwithstanding anything contained in sub-section (4), the Central Government may, by notification in the Official Gazette, amend the Schedule so as to enhance the rate royalty payable in respect of mineral oil, produced.....

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Income Tax Act, 1961 Section 44D

Title: Special Provisions for Computing Income by Way of Royalties, Etc., in the Case of Foreign Companies

State: Central

Year: 1961

.....from 1st April, 1995.] (d) [Omitted by the Finance Act, 1994, with effect from 1st April, 1995.] Explanation: For the purposes of this section, - (a) fees for technical services shall have the same meaning as in Explanation 2 to clause (vii) of sub-section (1) of section 9; (b) foreign company shall have the same meaning as in section 80B; (c) royalty shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9; (d) royalty received from Government or an Indian concern in pursuance of an agreement made by a foreign company with Government or with the Indian concern after the 31st day of March, 1976, shall be deemed to have been received in pursuance of an agreement made before the 1st day of April, 1976, if such agreement is deemed, for the purposes of the proviso to clause (vi) of sub-section (1) of section 9, to have been made before the 1st day of April, 1976. ____________________________ 1. Inserted by the Finance Act, 2003, with effect from 1st April, 2004.

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Income Tax Act, 1961 Section 80RRB

Title: Deduction in Respect of Royalty on Patents

State: Central

Year: 1961

.....any consideration which would be the income of the recipient chargeable under the head Capital gains or consideration for sale of product manufactured with the use of patented process or of the patented article for commercial use) for (i) the transfer of all or any rights (including the granting of a licence) in respect of a patent; or (ii) the imparting of any information concerning the working of, or the use of, a patent; or (iii) the use of any patent; or (iv) the rendering of any services in connection with the activities referred to in sub-clauses (i) to (iii); (h) true and first inventor shall have the meaning assigned to it in clause (y) of sub-section (1) of section 2 of the Patents Act, 1970 (39 of 1970).] ________________________________ 1. Inserted by the Finance Act, 2003, with effect from 1st April, 2004. 2. See rule 19AD(2) and Form No. 10CCE. For analysis, see Mashbras Income-tax Rules. 3. Under rule 19AD(1), the prescribed authority is the Controller, referred to in section 2(1)(b) of the Patents Act, 1970. For analysis, see Mashbras Income-tax Rules. 4. See rule 29A(1) and Form No. 10H. For analysis, see Mashbras Income-tax Rules. 5......

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Mines and Minerals (Development and Regulation) Act, 1957 Section 9

Title: Royalties in Respect of Mining Leases

State: Central

Year: 1957

.....does not exceed one-third of a tonne per month.] (3) The Central Government may, by notification in the Official Gazelle, amend the Second Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification: 3[Provided that the Central Government shall not enhance the rate of royalty in respect of any mineral more than once during any period of4[three years].] ________________________ 1. Substituted by Act 56 of 1972, section. 4, for "mineral removed by him" w.e.f. 12-9-1972. 2. Inserted by Act 56 of 1972, section. 4 w.e.f. 12-9-1972. 3. Substituted by Act 56 of 1972, section. 4, for proviso w.e.f. 12-9-1972. 4. Substituted by Act 37 of 1986, section. 8, for "four years" w.e.f. 10-2-1987.

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Income Tax Act, 1961 Section 80QQB

Title: Deduction in Respect of Royalty Income, Etc., of Authors of Certain Books Other Than Text Books

State: Central

Year: 1961

.....such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange; (d) lump sum, in regard to royalties or copyright fees, includes an advance payment on account of such royalties or copyright fees which is not returnable.] _____________________________ 1. Inserted by the Finance Act, 2003, with effect from 1st April, 2004. 2. See rule 19AC and Form No. 10CCD. For analysis, see Mashbras Income-tax Rules. 3. See rule 29A(1) and Form No. 10H. For analysis, see Mashbras Income-tax Rules. 4. Under rule 29A(2), the prescribed authority is the Reserve Bank of India or such other authority as is authorised under any law for the time being in force for regulating payments and dealings in foreign exchange. For analysis, see Mashbras Income-tax Rules.

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Income Tax Act, 1961 Section 44DA

Title: Special Provision for Computing Income by Way of Royalties Etc., in Case of Non-residents

State: Central

Year: 1961

.....(not being a company) or a foreign company shall keep and maintain books of account and other documents in accordance with the provisions contained in section 44AA and get his accounts audited by an accountant as defined in the Explanation below sub-section (2) of section 288 and furnish along with the return of income, the report of such audit in the prescribed2 form duly signed and verified by such accountant. Explanation: For the purposes of this section,- (a) fees for technical services shall have the same meaning as in Explanation 2 to clause (vii) of sub-section (1) of section 9; (b) royalty shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9; (c) permanent establishment shall have the same meaning as in clause (iiia) of section 92F.] ______________________________ 1. Inserted by the Finance Act, 2003, with effect from 1st April, 2004. 2. See rule 6GA and Form No. 3CE. For analysis, see Mashbras Income-tax Rules. 3. Inserted by the Finance act, 2010 w.e.f. 01.04.2011.

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Income Tax Act, 1961 Section 180

Title: Royalties or Copyright Fees for Literary or Artistic Work

State: Central

Year: 1961

Where the time taken by the author of a literary or artistic work in the making thereof is more than twelve months, the amount received or receivable by him during any previous year on account of any lump sum consideration for the assignment or grant of any of his interests in the copyright of that work or of royalties or copyright fees (whether receivable in lump sum or otherwise), in respect of that work, shall, if he so claims, be allocated for purposes of assessment in such manner and to such period as may be prescribed1. 2[Provided that nothing contained in this section shall apply in relation to the previous year relevant to the assessment year commencing on or after the 1st day of April, 2000.] Explanation: For the purposes of this section, the expression author includes a joint author, and the expression lump sum, in regard to royalties or copyright fees, includes an advance payment on account of such royalties or copyright fees which is not returnable. __________________________ 1. See rule 9(2). For analysis, see Mashbras Income-tax Rules. 2. Inserted by the Finance Act, 1999, with effect from 1st April, 2000.

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Offshore Areas Mineral (Development and Regulation) Act, 2002 Section 16

Title: Royalty

State: Central

Year: 2002

(1) A lessee shall pay royalty to the Central Government in respect of any mineral removed or consumed by him from the area covered under the production lease, at the rate for the time being specified in the First Schedule in respect of that mineral. (2) The Central Government may, by notification in the Official Gazette, amend the First Schedule so as to enhance or reduce the rate at which royalty shall be payable in respect of any mineral with effect from such date as may be specified in the notification: Provided that the Central Government shall not enhance the rate of royalty in respect of any mineral more than once during any period of three years.

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Indian Forest Act, 1927 Section 40

Title: Limit Not to Apply to Purchase-money or Royalty

State: Central

Year: 1927

Nothing in this Chapter shall be deemed to limit the amount, if any, chargeable as purchase-money or royalty on any timber or other forest-produce, although the same is levied on such timber or produce while in transit, in the same manner as duty is levied.

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