TMI Blog2018 (6) TMI 1598X X X X Extracts X X X X X X X X Extracts X X X X ..... r and the appellant company is required to fully exploit the same. The technical know-how was also 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. DR could not point out any infirmity in the order of the CIT (A). No reason to disturb the finding of the CIT (A) in allowing the claim of the assessee of technical know-how fees paid to its parent company as revenue in nature. - Decided against revenue. - ITA Nos. 1196 & 1197/DEL/2015 [Assessment Years: 2010-11& 2011-12] - - - Dated:- 7-6-2018 - Shri N.K. Billaiya and Shri N ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for assessment year 2009-10. The relevant finding of the Tribunal reads as under: 16. The 3rd ground in the appeal of the revenue was against the order of the Ld. CIT (A) deleting the addition of ₹ 9819356/ on account of technical know-how is fees paid to the parent company of the assessee which was held by the Ld. AO as capital expenditure and whereas the claim of the assessee is that it is revenue expenditure. 17. The Ld. departmental representative vehemently relied upon the order of the Ld. assessing officer. It was vehemently contested that technical know-how fees paid by the assessee is a capital expenditure in nature the assessee in exploiting it for the purpose of manufacturing of the goods. It was theref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. The Ld. departmental representative could not point out any infirmity in the order of the Ld. CIT (A). In view of above facts we do not find any reason to disturb the finding of the Ld. CIT (A) in allowing the claim of the assessee of technical know-how fees paid to its parent company as revenue in nature. In the result ground No. 3 of the appeal of the revenue is dismissed. 5. Respectfully following the findings of the co-ordinate bench, we decline to interfere with the finding of the ld. CIT(A). Appeals filed by the Revenue are accordingly dismissed. 6. In the result, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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