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    <title>2014 (12) TMI 265 - DELHI HIGH COURT</title>
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    <description>Payment for live telecast of horse races was held not to constitute royalty under the Income-tax Act because a live broadcast is a communication of visual images, not a copyrightable work under the Copyright Act, 1957. The Court distinguished copyright from broadcast rights and held that section 9(1)(vi) read with section 194J applies only where there is a transfer of rights in an existing protected work. The alternative argument that a live telecast is scientific work was also rejected, since that expression could not be stretched to cover simultaneous live coverage. The Revenue&#039;s appeals were dismissed and the royalty-based disallowance failed.</description>
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      <description>Payment for live telecast of horse races was held not to constitute royalty under the Income-tax Act because a live broadcast is a communication of visual images, not a copyrightable work under the Copyright Act, 1957. The Court distinguished copyright from broadcast rights and held that section 9(1)(vi) read with section 194J applies only where there is a transfer of rights in an existing protected work. The alternative argument that a live telecast is scientific work was also rejected, since that expression could not be stretched to cover simultaneous live coverage. The Revenue&#039;s appeals were dismissed and the royalty-based disallowance failed.</description>
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