2020 (2) TMI 1219 - SC - Income Tax

Payment of royalty - High Court vide impugned judgment answered the question formulated against the assessee relying on the decision in Commissioner of Income Tax and Anr. Vs. Samsung Electronics Co. Ltd. 2009 (9) TMI 526 - KARNATAKA HIGH COURT - HELD THAT - It is not in dispute that the said decision has been considered in the subsequent decision in G.E. India Technology Centre Pvt. Ltd. Vs. Commissioner of Income Tax and Anr. . 2010 (9) TMI 7 - SUPREME COURT and the court held that the question of payment of royalty ought to be determined by the High Court on merits and for that reason, it relegated the parties before the High Court. The same reasons would apply to the present case, as the High Court has not answered the question of payment of royalty on merits. Accordingly, we set aside the impugned judgment and order and relegate the parties before the High Court by restoring the concerned appeal to its original number, to be decided expeditiously on its own merits and in accordance with law.

Summary

The Supreme Court set aside the impugned judgment and ordered parties to go back to the High Court for a decision on the payment of royalty, following a previous case precedent. The concerned appeal will be decided expeditiously on its own merits and in accordance with the law.