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August 2003 
Your eye to India-centric and International updates
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Indian COs stay ahead in the race for patents

Sources from the Patent office reveal that for the second consecutive year, applications for patent rights from Indian companies outnumber those made by foreign firms.

While precise figures are yet to be revealed, the number of companies in the pharma and engineering sector, filing for intellectual property rights (IPR), are definitely on the rise. Of the 1,160 applications during '02-03, 437 were from engineering companies, while 354 were from their pharma counterparts.

Applications made through the Patent Co-operative Treaty (PCT), which allows for patents in multiple countries, also recorded a 10% increase in '03 as compared to the previous year.

In the year '02, India recorded a 51.9 % increase, the highest among the developing nations, further testifying to the emerging trend among Indian companies towards a greater cognizance of intellectual property rights in the light of an emerging global business scenario. Print this Article

 

SC to decide on Taxman’s right to probe Mauritius Cos

 

Several foreign financial institutions are eagerly awaiting the Supreme Court’s decision as to whether the income tax department has the right to probe a corporate’s claim of Mauritius residentship.

 

The matter was brought before the Delhi high court, following a circular in April 13, ’00 from the Central Board of Direct Taxes (CBDT), which stated that a certificate from the Mauritius government is sufficient proof of residence. While Delhi HC ruled in favour of the taxman, quashing the circular, the issue now stands before the SC.

Meanwhile the (CBDT) has issued another circular dated; February 10, 2003 stating that where a company is found to be a resident of India and Mauritius, the issue of residence of the company is determined by the location of effective management. Further, where a company is found to have its place of effective management in India, then notwithstanding the fact of it being incorporated in Mauritius, it would be taxed under Double Taxation Avoidance Convention (DTAC).

 
Our Say

It may be noted that under the Double Taxation Avoidance Convention (DTAC) signed two years ago, Mauritius-based Foreign Institutional Investors (FIIs) were exempted from paying tax on capital gains in India - including income arising from sale of shares.

However this was found to be an ideal means for violation of the Income-tax norms, as several FIIs were routing their investments through Mauritius to save tax on capital gains on investments made in the Indian stock market.

 

This circular also leaves a lot of room for doubt, as the decision as to the location of effective management now rests with the assessing officer. Print this Article    

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In the News
Pune - Attracting IT investments
India - No. 5 among the emerging retail market

Interesting Reads
Figuring out the "GAAP"
New scheme BOT invites Bids for Highway upgardation
Regulations on service tax - A clarification on "Business Auxiliary Services"
Special Economic Zones V/s Export Oriented Units-
A comparison of schemes for setting up a manufacturing-export base in India

Quick Links
Insurance Companies next to benefit in SEZs
Franchising - the MNC route to the Indian retail market
Indian Cos stay ahead in the race for patents
SC to decide on Taxman's right to probe Mauritius Cos
Cheaper loans to SEZ units from SBI
India's Cooking Oil market- too tempting for MNCs!!!
Ceiling raised on Forex Remittance to $100,000
New opportunities for CAD- CAM vendors as SMEs opt for sophisticated design tools
Govt hikes pace of reforms as the nation gets set for the next polls
Service Tax on Commissioning & Installation of plant, equipment or machinery
New Electricity Act spikes up share prices of Power Companies

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