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2019 (4) TMI 1362 - AT - Income TaxAdditions on account of technical know-how expenses - Whether expenditure incurred in the form of technical know-how is capital in nature ? - HELD THAT:- Know-how was to remain the sole and exclusive property of the provider and the appellant company is required to fully exploit the same. Further the technical know-how was also to be paid in relation to the sales affected by the assessee company. It is also required to be noted that assessee is engaged in the same business for which technical know-how is by the assessee and it is not at its an altogether a new line of business which is developed. In the present appeal the facts above are absolutely identical to the proceedings for earlier years [2018 (6) TMI 1598 - ITAT NEW DELHI] and the same is also evident from last para at the AO's order at page 4. The arguments of the AO in the assessment order and the arguments of the Ld. AR in their written submissions are also identical to the arguments made during the appellate proceedings for A.Y. 2011-12 and A.Y. 2010-11. Since there are no new facts and arguments from the either side, thus have no hesitation in following my own order in the case of the appellant for the appeal for A.Y. 2011-12 and A.Y. 2010-11. Hence following the precedent of my earlier order hold that the AO has erred in making an addition on account of disallowance of Technical Know-how Expenses. - Decided against revenue.
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