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2014 (8) TMI 523 - AT - Income TaxNature of franchise fees paid - capital or revenue expenditure - Right to use the trademark, domino’s name and logo – Exclusive license – Held that:- The assessee rightly contended that the matter has been decided in assessee’s own case for the earlier assessment year – Following the decision in DCIT, Circle 4(1), New Delhi Versus Jubilant Foodworks Pvt. Ltd. [2014 (8) TMI 458 - ITAT DELHI] - the assessee had acquired only access to the technical information and there was no transfer of ownership with respect to the process and the know-how under the agreement in favour of the assessee - the payment could only be categorized as one made on revenue account – Decided against Revenue. Reduction of taxable income – Double taxation of same income – Held that:- CIT(A) has primarily denied the assessee’s claim because the assessee had not filed revised return of income - Mere non filing of revised return cannot override the substantial right of assessee against double taxation - pitted against the technical and substantial justice the substantial justice is to prevail and not the technicality – Relying upon Jute Corporation of India Limited Versus Commissioner of Income-Tax And Another [1990 (9) TMI 6 - SUPREME Court] – the matter is liable to remit back t the AO for verification of assessee’s claim regarding the whole amount having been taxed between AYs 2001-02 to 2005-06 as per the chart – Decided in favour of Assessee.
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