Chitra Venkataraman, J.

1. T.C.(A)Nos.2206 to 2208 of 2006, 2629 and 2630 of 2006 and 598 to 601 of 2013 are filed by two different assessees and T.C.(A)Nos.56 to 64 of 2013 are filed by the Revenue as against the order of the Income Tax Appellate Tribunal. The assessment years under consideration in T.C.(A)Nos.2206 to 2208 of 2006, 2629 and 2630 of 2006 and 598 to 601 of 2013 are 2002-03, 2003-04 and 2004-05; 2003-04 and 2004-05 and 2002-03, 2003-04 and 2004-05 and 2006-07 respectively. The assessment years under consideration in T.C.(A)Nos.56 to 64 of 2013 are 2002-03, 2003-04, 2004-05, 2006-07, 2002-03, 2003-04, 2004-05, 2005-06 and 2006-07 respectively.

2. This Court admitted the above Tax Case (Appeals) on the following substantial questions of law:

T.C.(A)Nos.2206 to 2208 of 2006:

"1. Whether on the facts and circumstances of the case, the Tribunal was right in holding that the payment made for taking ship on time chartered basis would constitute "royalty" as defined under Section 9(1)(vi)(b) of the Income Tax Act and tax has to be deducted at source accordingly?

2. Whether on the facts and circumstances of the case, the Tribunal was right in not holding that as pe