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2021 (11) TMI 1146 - HC - Income TaxRoyalty Income to be treated as Income from business - whether Royalty Income was not derived from business carried by assessee but was only attributable to business of the assessee? - HELD THAT:- Assessee placing reliance on the judgment of the coordinate bench of this Court passed in the case of very same assessee [2018 (11) TMI 1929 - KARNATAKA HIGH COURT] would contend that the very identical substantial questions of law raised by the revenue were considered and answered by this Court as covered by the judgment of this Court in Motorola India Electronics (P) Ltd. [2014 (1) TMI 1235 - KARNATAKA HIGH COURT] was pleased to dismiss the appeal. Hence, the substantial questions of law raised herein, being identical, the appeal deserves to be dismissed answering the substantial questions of law raised, against the revenue and in favour of the assessee. It is not in dispute that the judgment of this Court [2018 (11) TMI 1929 - KARNATAKA HIGH COURT] has been carried by the revenue in appeal before the Hon’ble Apex Court [2023 (3) TMI 1328 - SC ORDER] in SLP No.21055/2019 which is pending consideration. In view of the aforesaid, we are not inclined to either differ from the judgment of the coordinate bench or venture to sit in judgment over the said decision to adjudicate upon the issues fully covered and decided, referring to the judgments now cited by the revenue. Substantial questions of law raised herein, against the revenue and in favour of the assessee.
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