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2023 (11) TMI 1238 - HC - Income TaxNature of expenses - license fees paid to the DoT - ITAT justification in holding the license fee paid by the assesses was properly deductible as revenue expenditure as against capital expenditure held by the AO - HELD THAT:- As proposed questions “A” and “B” do not emanate from the impugned order passed by the Tribunal. In any event, proposed questions “A” and “B” are covered by the judgment of a coordinate bench of this Court [2021 (3) TMI 1182 - DELHI HIGH COURT] concerning AY 2010-2011. Therefore, insofar as the proposed questions “A” and “B” are concerned, no substantial questions of law arise for our consideration. Foreign Tax Credit - claim was not made in the ITR and never raised before the AO and CIT(A) - whether ITAT was justified in holding that credit for tax paid in a country outside India in relation to the income eligible for deduction u/s 10A of the Act would be available u/s 90(1)(a) of the Act?” - HELD THAT:- As perused the lead judgment of the Karnataka High Court in the Wipro Ltd. case [2015 (10) TMI 826 - KARNATAKA HIGH COURT] The facts which obtained, therein, are pari materia with the instant appeal. Therefore, according to us, no substantial question of law arises, insofar as proposed questions “C”, “D”, and “E” are concerned. However as informed by assessee that an appeal has been preferred by the appellant/revenue with the Supreme Court, against the judgment rendered by the Karnataka High Court in the Wipro Ltd. case. Thus it is made clear that insofar as proposed questions “C”, “D”, and E are concerned, the appellant/revenue will have the liberty to approach the court for reviving the instant appeal, in case it were to succeed in the aforementioned matter pending adjudication in the Supreme Court.
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