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2023 (5) TMI 114 - ITAT DELHIDeduction u/s. 80IB - exclusion of royalty payment and the sub license income pertains to Jammu Unit - revenue is aggrieved by the direction of the CIT(A) to exclude only the net expenditure on royalty from the total profit of the eligible unit for the purpose of allowing deduction u/s. 80IB - Whether the royalty payment net of royalty received has to be apportioned amongst the different units of the assessee or has to be considered only at Jammu Unit? - HELD THAT:- Considering the facts discussed here in above we are of the considered opinion that the royalty payment net of license fee received should be apportioned between the manufacturing units of the assessee on prorata basis as done and accepted in case of other corporate expenses. Accordingly the appeal of the assessee is allowed on the point on the issue remanded by the Hon’ble High Court to the Tribunal and that of the revenue is dismissed.
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