Held that sub-licence designated rights is not royalty. Tribunal also directed the AO to allow correct credit taxes deducted at source. (AY. 2014-15)
ESS v. Asst. CIT (IT) (2024)112 ITR 326 (Trib) (Delhi)(Trib)
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sub-Licence of designated rights-Not royalty-Addition is deleted-Deduction of tax at source-Direction is given to Assessing Officer to verify and allow correct credit of taxes deducted at source.[S. 9(1)(i), Form 26AS.]