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2018 (11) TMI 507 - AT - Income TaxDisallowance of royalty paid - Held that:- Facts in the case of Southern Switch gear Ltd. [1997 (12) TMI 105 - SUPREME COURT] (relied upon by the AO in his order) in which there was a collaboration agreement with a foreign company and payments were made on lump sum basis in five equal installments. We find that on exactly similar issue the predecessor of the Ld. CIT(A) in the assessment year 2008-09 has allowed the payment of royalty to the assessee and this decision of the Ld. CIT(A) was upheld by the Tribunal [2016 (2) TMI 84 - ITAT DELHI] - DR could not controvert this factual position - addition towards royalty payment to be deleted - decided in favour of assessee.
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