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2014 (1) TMI 850 - ITAT DELHIDisallowance of deduction u/s 40a(ia) of the Act – TDS on Live telecast Royalty u/s 194J - Held that:- The decision in DIT v. Neo Sports Broadcast (P) Ltd. [2011 (11) TMI 23 - ITAT MUMBAI] Followed - The question of granting exclusive right to do any work can arise only when such work has come into existence - the existence of work is a pre-condition and must precede the granting of exclusive right for doing of such work - As the meaning of copyright u/s 14 in the context of cinematograph film clearly refers to make a copy of the film and not its original recording obviously the broadcast of live telecast cannot be equated with the copy right of such film - There is no creation of any work as income is generated from betting on the basis of live telecast and the same was being shared on reciprocal basis and cannot be termed as royalty under the Act and therefore was not liable for tax deduction at source and consequent disallowance u/s 40a(ia) of the Act – Decided in favour of Assessee.
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