TMI Blog2014 (3) TMI 1019X X X X Extracts X X X X X X X X Extracts X X X X ..... AND SHRI A.T. VARKEY, JUDICIAL MEMBER Appellant BY : Shri Arun Bansal, CA Respondent BY : Shri Satpal Singh, Senior DR ORDER PER B.C. MEENA, ACCOUNTANT MEMBER : This appeal filed by the revenue emanates from the order of CIT (Appeals)-XV, New Delhi dated 24.01.2013 for the assessment year 2009-10. 2. The assessee company engaged in the business of providing and ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nses as revenue in nature and not capital, finality in the matter has been attained. 5.2 In view of the same, respectfully following the decision of the Hon'ble Delhi High Court in the appellant's own case for A.Y. 2002-03, 2003-04 and 2005-06, I hold that the payment of royalty in the present case as allowable revenue expenditure. Therefore, the ground No.1 of the appeal is allowed in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i High Court in the assessee s own case for Assessment Years 2002-03, 2003- 04 and 2005-06. The ITAT has allowed the claim of the royalty as revenue expenditure in assessee s own case in Assessment Years 2007-08 and 2008- 09 vide its order dated 20.12.2012. In view of these facts and circumstances of the case, we find no merits in the appeal of the revenue and the same is dismissed. 6. In the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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