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2018 (7) TMI 1417 - HC - Income TaxTDS and the payment of royalty (on software) - Held that:- This Court notices at the outset that the findings of the Settlement Commission fully accord with the law declared by this Court in ANZ Grindlays Bank vs. DCIT [2016 (3) TMI 56 - DELHI HIGH COURT] and with DIT vs. Infrasoft Ltd. [2013 (11) TMI 1382 - DELHI HIGH COURT] as far as the second issue urged with respect to royalty on software is concerned. Exclusion of the outstanding receivable of the Jharsuguda project - Held that:- The exclusion of adjustments in respect of Jharsugoda project goes, the matter is factored. The case law as to the scope of the Court’s remit under Article 226 of the Constitution of India while dealing with the orders of the Settlement Commission are categorical, it is only in the case where there is manifest and egregious findings of law that are erroneous; which call for interference. The other grounds on which the Court is permitted to interfere with the Settlement Commission’s findings are non-application of mind or lack of bonafides, or as emphasised in ‘CIT, Mumbai vs. Anjum M.H. Ghaswala [2001 (10) TMI 4 - SUPREME COURT] and ‘Brij Lal & Others vs. Commissioner of Income Tax, [2010 (10) TMI 8 - SUPREME COURT] where no true and full disclosure was made by the assessee.
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