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2004 (1) TMI 25 - DELHI HIGH COURTInstallment of a lump sum payment for technical services received by the assessee, a German company - Assessing Officer had treated this payment as royalty and subject to tax. The CIT (Appeals) and the Tribunal reversed this and held the same not to be royalty but business income and the same was exempt as the assessee had no permanent establishment in India - It may be noted that the Revenue was aware of the order made by the Tribunal for the AY 1990-91 and the same was recorded not only by the Tribunal but by the CIT (Appeals) also. Therefore, it is too late to say that the Revenue could not challenge that order as it was not aware of the same - It cannot be said that the Tribunal has committed a serious error while deciding the appeal.
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