Tribunal held that any part of royalty receipt, which had to be bona fide refunded to payer of royalty, cannot be taxed in hands of assessee as money did not eventually belong to assessee. (AY. 2011-12 to 2016-17)
Gemological Institute of America Inc. v. ACIT (IT) (2021) 189 ITD 254 / 88 ITR 505 / 211 TTJ 521 / 201 DTR 321 (Mum.)(Trib.)
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Refund of amount-Cannot be taxed-DTAA-India-USA. [Art. 12]