DIPAK KUMAR SEN, J.

( 1 ) N. V. Philips Gloeilempenfabrieken Bindhhoven, Holland, the assessee, is a non-resident company incorporated in the Netherlands. On July 8, 1964, the assessee entered into an agreement with one Crookes Interfran Ltd;, an Indian company, under which the assessee agreed to furnish to the Indian company technical information relating to vitamin D and its manufacture, use and sale, inter alia, on the following terms and conditions ; (a) The assessee would render to the Indian company all assistance and furnish information from time to time in respect of the working methods, manufacturing processes and methods of application relating to vitamin D. (b) The assessee would provide the Indian company with the following data, assistance and information : (i) Drawings with detailed instructions and directions for a plant to be set up in the territory specified in the agreement of a capacity of 1,000 kg. per annum producing vitamin D. (ii) Data regarding working methods and manufacturing processes (including indications, instructions, specifications, standards and formulae), methods of analysis and quality control and other particulars to enable the Indian company to

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