2021 (11) TMI 1146

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..... iness 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 Elect .....

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..... dgments now cited by the revenue. Substantial questions of law raised herein, against the revenue and in favour of the assessee. - I.T.A.No.55/2021 - - - Dated:- 3-11-2021 - THE HON BLE MRS.JUSTICE S.SUJATHA AND THE HON BLE MR. JUSTICE RAVI V. HOSMANI FOR THE APPELLANTS : SRI K.V.ARAVIND, ADV FOR THE RESPONDENT : SRI T. SURYANARAYANA, ADV. A/W, Ms. MANASA ANANTHAN, ADV.) JUDG .....

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..... ming the order passed by CIT(A) holding that Royalty Income has to be treated as Income from business even when Royalty Income was not derived from business carried by assessee but was only attributable to business? 2. At the outset, the learned counsel for the assessee placing reliance on the judgment of the coordinate bench of this Court passed in the case of very same assessee in ITA No.26 .....

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..... ssee s case referred to supra, referring to the following judgments:- 1) Commissioner of Income-tax vs. Meghalaya Steels Ltd., [(2016) 67 taxmann.com 158 (SC)]; 2) Commissioner of Income-tax vs. Sasken Communication Technologies Ltd., [(2014) 50 taxmann.com 134 (Karnataka)]; - 5 - 3) Commissioner of Income-tax vs. Yokogawa India Ltd., [(2017) 77 taxmann.com 41 (SC)]; 4) Commi .....

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..... ation. 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. Accordingly, answering the substantial questions of law raised herein, against the revenue and in favour of the assessee, .....

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