Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (5) TMI 2026 - ITAT MUMBAITP Adjustment - Characterization of distribution fee - Royalty or not? - HELD THAT:- As decided in own case for assessment year 2011 -12 we remit the issue in the present case also to the file of the transfer pricing officer/A.O. to consider the issue afresh in light of the directions as above. As regards the learned counsel of the assessee’s submission that since the impugned payments cannot be treated as royalty as settled by the decision of Hon’ble High Court in the case law from Set India Pvt. Limited [2015 (6) TMI 1174 - BOMBAY HIGH COURT] a finding should be given, we are of the considered opinion that there is no need to reiterate the binding nature of Hon'ble jurisdictional High Court. When facts are identical, the Hon’ble jurisdictional High Court’s decision is binding upon all the authorities below. Appeal by the assessee stands allowed for statistical purposes.
|