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2011 (10) TMI 238 - AT - Income TaxDeduction u/s 80-IB - in view of decision in the case of Liberty India v. CIT (2009 - TMI - 34471 - SUPREME COURT)- Duty draw back, cash assistance and income of the like are not eligible for deduction. Tax Deduction at Source - nature of payment - Royalty or Technical Service - Held That:- Assessee was the manufacturer of Indian Made Foreign Liquor (IMFL) on behalf of others, as per the quality controls prescribed and supervised by them. However, the sales admittedly were effected in assessee's own name under assessee's own invoices and the sales were reflected in its Profit and Loss account as well. - None of the authorities below have verified the relevant clauses of the agreement, vis-ŕ-vis the definition of "royalty" as given under the Act before coming to a conclusion that payments effected by the assessee to the concerned parties were indeed royalty. None of the authorities have also seen how the amounts were worked out and whether it could be considered as paid for any technical services. - The matter was set aside and was sent for fresh consideration by AO.
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