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2018 (4) TMI 342 - HC - Income TaxRevision u/s 263 - whether an amount of 25% of the royalty should be treated as capital expenditure and, therefore, disallowed? - Held that:- We see no reason to accept the contention that the Principal Commissioner has made up his mind and will not take a view in favour of the assessee even if he is required to do so. The language of the show cause notice was relied upon in support of this apprehension. Indeed, some of the observations would indicate the same.That is only a manner in which it has been put. We have no doubt that if the petitioner’s contention is otherwise found to be correct the Principal Commissioner will drop the proceedings. In fact, in that event, he would be bound to do so. The contention that it was wrongly observed that it was admitted by the assessee during the course of assessment proceedings that the facts of the assessee’s case and the facts of the said judgment are identical can also be raised in the proceedings relating to the show cause notice. To leave no room for grievance, it is clarified that if a jurisdictional issue does in fact arise the petitioner can always challenge even the order on the show cause notice by filing a separate writ petition.
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