TCK
[Paragraph 10 B.5(i)]
Certificate for Payment of Technical know-how fee under Foreign
Technical collaboration
This certificate has reference to the foreign technical collaboration between M/s. _________________ ____________________________________________________ (hereinafter referred to as "Indian company" and M/s. ___________________________________________ ______________ (hereinafter referred to as "oversees collaborator" for _______________________________________________________________________________ ___________________________________________________________________________
(specify purpose)2. The above collaboration has been approved by the Reserve Bank of India/Government of India, Ministry of Industry, vide its letter No. ________________________ dated______________ and subsequent amendment(s) vide letter(s) No.(s)____________________________________ dated __________________ setting out that a lump sum technical know-how fee of __________ ____________________ (amount) net of taxes/subject to taxes is payable to the overseas collaborator in ______________________________ (number) instalments (each being of______________ _________________________________) on fulfilment of the condition governing payment of each such instalment.
3. The above collaboration bears Registration No._________________________ accorded by RBI, FITT Section, Bombay/Reserve Bank of India,_____________________________________________________ vide its letter number_______________________________________ dated_________________.
4. A sum of_____________________________________________ towards payment of instalment/s number(s) _____________________ has already been remitted on __________________ paid subject to fulfilment of obligation thereunder by the overseas collaborator.
5. A payment of __________________ net of tax/subject to tax towards________________________________ instalment has now become due to the overseas collaborator on their having completely fulfilled the obligation cast on them for receiving this instalment, under the collaboration agreement dated ___________and as approved by the Reserve Bank of India/Government vide its letter dated___________________ cited in paragraph 2 above.
6. We have verified the books of accounts, the collaboration agreement, Governments letter of approval, RBIs letter dated _________________________, technical documents and other relevant paper/documents etc. and having fully satisfied ourselves, hereby certify that :
- the statement made above are true and correct to the best of our knowledge and belief;
- the Reserve Banks/Governments letter of approval and subsequent amendment, if any, form part of the collaboration agreement, dated___________;
- the collaboration agreement in question has been concluded within the validity period of the Reserve Banks/Governments letter of approval;
- the proposed payment does not in any way involve payment of any interest on delayed payment and/or any other payment which is not specifically permitted under RBI/Governments letter of approval dated _______________;
- the Indian company has paid income-tax at the rate specified by the Government and deposited with _______________________________________________________on __________________.
(Name of bank and branch)
OR
a No Objection Certificate/tax clearance certificate issued by____________________________________ vide No. ____________________ dated________________ is enclosed, in original;
- the indian company has paid cess under R & D Cess Act, 1986, on the amount of technical know-how fee in question;
- the Indian company has submitted to Reserve Bank of India, _______________________the Return in form TCD for the year ended 31st December________________;
- a payment of ______________________ has fallen due to the overseas collaborator after adjustment of income-tax as follows :
a) | Gross amount of payable instalment of fee | _________________________________________ |
b) | Less amount reduced towards income-tax if the payments is "subject to tax" | _________________________________________ |
| Balance payable | _________________________________________ |
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Place: Date: | | Chartered Accountant/ Chartered Engineer (Signature of the authorised signatory) |
| | Name:_______________________________ Address:_____________________________ Registration No._______________________ |
|
- Notes:
- (i) Delete under authentication whatever is not applicable but no item/clause should be omitted from this format of the Certificate.
(ii)Additional information, if any, may be supplied on separate sheet under proper authentication.