Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (9) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (9) TMI 1 - AT - Income TaxNature of expenditure - Disallowance of royalty claim - revenue or capital expenditure - HELD THAT:- Similar issue on an identical fact was subject matter in appeal before the Tribunal for the assessment year 2016-17 [2019 (11) TMI 42 - ITAT CHENNAI] CIT(Appeals) has rightly found that the payment made by the assessee is in the revenue field. In fact, similar addition made by the Assessing Officer for the assessment year 2002-03 was deleted by this Tribunal. The CIT(Appeals) by placing reliance on the order of this Tribunal in Shriram Tamil Nadu Pvt. Ltd. allowed the claim of the assessee. DR could not controvert the above decision of the Tribunal by filing any higher Court’s decision having modified or reversed the order of the Tribunal. Respectfully following the above decisions of the Tribunal, the ld. CIT(A) has rightly deleted the disallowance made by the Assessing Officer towards payment of royalty. Thus, we find no reason to interfere with the order passed by the ld. CIT(A). Accordingly, the ground raised by the Revenue is dismissed.
|