https://www.taxtmi.com/caselaws?id=62208 The Tribunal upheld the CIT(A)'s decision that the appeal was maintainable under Section 246(1)(c) of the Income Tax Act, emphasizing the importance of considering the facts and circumstances. Regarding the refund of excess tax deducted at source, the Tribunal determined that the payment made under the foreign collaboration agreement constituted royalty, taxable at 20% instead of 40%. The Tribunal ruled that the excess tax should be refunded to the assessee, not the foreign companies, as per the agreement terms. Consequently, the Tribunal dismissed the Department's appeal and cross-objections, affirming the refund direction by the CIT(A). en-us Sun, 26 Apr 1992 00:00:00 +0530 Tue, 18 Jan 2011 15:32:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=62208 The Tribunal upheld the CIT(A)'s decision that the appeal was maintainable under Section 246(1)(c) of the Income Tax Act, emphasizing the importance of considering the facts and circumstances. Regarding the refund of excess tax deducted at source, the Tribunal determined that the payment made under the foreign collaboration agreement constituted royalty, taxable at 20% instead of 40%. The Tribunal ruled that the excess tax should be refunded to the assessee, not the foreign companies, as per the agreement terms. Consequently, the Tribunal dismissed the Department's appeal and cross-objections, affirming the refund direction by the CIT(A). Case-Laws Income Tax Sun, 26 Apr 1992 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=62208