TMI Blog2014 (8) TMI 1178X X X X Extracts X X X X X X X X Extracts X X X X ..... thus, accepted by the department, these questions are not substantial questions of law to be adjudicated in appeal. Payment of lump sum royalty - capital expenditure - HELD THAT:- Assessee did not derive any enduring benefit for payment of lump sum royalty as the agreement was for non-transferable license to manufacture licensed products in India. appeal is admitted on question no. (iv) - Whether on the facts and in the circumstances of the case the Learned Tribunal erred in law and was not justified in law in giving direction to the Assessing Officer to allow depreciation on river bank embankment and that river bank embankment is to be treated as building ? - ITAT 216 of 2013 And G. A. NO. 3482 of 2013 - - - Dated:- 18-8-2014 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Society is not hit by section 40A(9) of the Income Tax Act and that such an obligation falls within the last part of the said section that the contribution was made by the assesseecompany to a fund required to be set up by or under any other law for the time being in force . iii) Whether on the facts and in the circumstances of the case the Learned Tribunal erred in law and was not justified in law in holding that there is no dispute that the fund was constituted on bonafide for the welfare of its employees in smooth running of the business and hence the said contribution is to be allowed under section 37(1) of the Income Tax Act . iv) Whether on the facts and in the circumstances of the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... department, these questions are not substantial questions of law to be adjudicated in appeal . So far as question nos . ( iv) and (v) are concerned we find from the order of the CIT(A) the assessee did not derive any enduring benefit for payment of lump sum royalty as the agreement was for non-transferable license to manufacture licensed products in India . Of question nos . ( iv) and (v) the appeal is admitted on question no . ( iv) . Let requisite number of paper books be prepared containing all relevant papers within eight weeks from the date of service of the certified copy of the order . Service of notice of appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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