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2011 (8) TMI 497 - ITAT MUMBAI
Assessment under section 143(3) - Whether the learned CIT(A) erred in holding that the Assessing Officer wrongly held that the amount of ₹ 3,00,44,506 received by the assessee for the supply of software is in the nature of 'royalty' which is liable for taxation in India - Definition of the expression 'royalty' in Article 12(3), the 'process' has to be in the nature of know-how and not a product - In view of Hon'ble Delhi High Court's declining to uphold the coordinate bench's decision in the case of Asia Satellite Telecommunication Co. Ltd. [2002 (11) TMI 263 - ITAT DELHI-C], we are of the considered view that the payment for software, by no stretch of logic, can be treated as a payment for "a process" liable to be taxed as royalty.