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2022 (3) TMI 447 - ITAT DELHIRoyalty receipt - payments received by MOL from MO for grant of licence for use of software - AO was of the opinion that the term ‘Royalty’ takes into its ambit industrial and copyright royalties. Transfer of the ‘right in the property’ is not subject matter - India - US DTAA - HELD THAT:- As decided in own case [2013 (11) TMI 1382 - DELHI HIGH COURT] stating that there is no transfer of any right in respect of copyright by the assessee and it is the case of mere transfer of copyrighted article and the payment was for a copyrighted article and represents the purchase price of an article and cannot be considered as royalty even under the Income Tax Act, 1961 or under the DTAA. When once we reach such a conclusion, we do not find any need for further verification of any fact at the end of the Assessing Officer. Insofar as the law laid down by the Hon'ble High Court is concerned, whether or not this particular judgement was available before the Assessing Officer at the time of framing of the assessment, it makes little difference because the decision of the Hon'ble High Court binds the learned Assessing Officer in the same way as it binds this Tribunal also. We, therefore, do not find any need to remand the matter back to the file of the learned Assessing Officer - issue decided in favour of assessee. - Decided in favour of assessee.
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