Taxability of Royalty Income

Royalty mean consideration (including any lump sum consideration but excluding any consideration which would be the income of the recipient chargeable under the head “Capital Gains”) for the following:

  • the transfer of all or any rights (including the granting of a licence) in respect of a patent, invention, model, design, secret formula or process or trade mark or similar property;
  • the imparting of any information concerning the working of, or the use of, a patent, invention, model, design, secret formula  or process or trade mark or similar property;
  • the use of any patent, invention, model, design, secret formula  or process or trade mark or similar property;
  • the imparting of any information concerning technical, industrial, commercial, or scientific knowledge, experience or skill;
  • the use or right to use any industrial, commercial, or scientific equipment but not including the amounts referred to in section 44BB;
  • the rendering of any services in connection with the activities referred above; or
  • the transfer of all or any rights (including the granting of a licence) in respect of any copyright, literary, artistic or scientific work including films or video tapes for use in connection with television or tapes for use in connection with radio broadcasting, but not including consideration for the sale, distribution, or exhibition of cinematography films.

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