https://www.taxtmi.com/caselaws?id=27968 Where royalty amounts had not been paid or had been refunded, the High Court treated the reference questions on their capital or revenue character as purely academic. It noted that expenditure under section 10(2)(xv) of the Indian Income-tax Act, 1922 requires actual irrevocable spending or payment, and that subsequent events had removed any real controversy affecting the parties' rights. In those circumstances, the court may decline to answer a reference that no longer resolves an existing dispute. The questions were therefore returned unanswered, leaving the merits of the royalty payments' allowability and character undecided. en-us Wed, 14 Dec 1983 00:00:00 +0530 Wed, 17 Feb 2010 11:26:39 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=27968 Where royalty amounts had not been paid or had been refunded, the High Court treated the reference questions on their capital or revenue character as purely academic. It noted that expenditure under section 10(2)(xv) of the Indian Income-tax Act, 1922 requires actual irrevocable spending or payment, and that subsequent events had removed any real controversy affecting the parties' rights. In those circumstances, the court may decline to answer a reference that no longer resolves an existing dispute. The questions were therefore returned unanswered, leaving the merits of the royalty payments' allowability and character undecided. Case-Laws Income Tax Wed, 14 Dec 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=27968