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2019 (1) TMI 1881 - AT - Income TaxNature of expenditure - royalty held by the DRP as revenue expenditure - assessee submitted before us that the royalty in the year under consideration has been paid under a license agreement dated 27/10/2003 entered into with “Baxter International inc. USA” (in short the ‘Baxter USA’) for the right to use the patents, trademarks, know-how and software which is owned by Baxter USA and no ownership rights have been acquired or purchase by the assessee in any of the above - HELD THAT:- It is undisputed that the royalty in the year under consideration has been paid under the license agreement dated 27/10/2003 with the company namely Baxter USA. The addition made in earlier years has been deleted by the Tribunal in favour of the assessee. Since there is no change in the license agreement in the year under consideration under which royalty has been paid as compared to the assessment year 2006-07 [2018 (8) TMI 2029 - ITAT DELHI] thus respectfully following of the decision of the Coordinate bench (supra), we uphold the finding of the learned DRP on the issue in dispute and dismiss the grounds No. 1 and 2 of the appeal of the Revenue.
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