TMI Blog2019 (1) TMI 1881X X X X Extracts X X X X X X X X Extracts X X X X ..... pany namely Baxter USA. The addition made in earlier years has been deleted by the Tribunal in favour of the assessee. Since there is no change in the license agreement in the year under consideration under which royalty has been paid as compared to the assessment year 2006-07 [ 2018 (8) TMI 2029 - ITAT DELHI] thus respectfully following of the decision of the Coordinate bench (supra), we uphold the finding of the learned DRP on the issue in dispute and dismiss the grounds No. 1 and 2 of the appeal of the Revenue. - ITA No. 6681/Del/2015 - - - Dated:- 9-1-2019 - Shri Amit Shukla, Judicial Member And Sh. O.P. Kant, Accountant Member For the Appellant : Shri Manoj Kumar Mahar, Sr. DR. For the Respondent : Shri S.P. Singh, Sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 43,15,85,254/- 2. Payment of royalty ₹ 5,10,72,292/- 3. Interest on IT refund ₹ 9,66,078/- 2.1 The Ld. DRP deleted the addition in respect of the royalty payment and reduced the transfer pricing adjustment to ₹ 42,97,55,019/-. Aggrieved with the direction of the DRP, both the assessee and the Revenue have filed appeal before the Tribunal. 3. The appeal filed by the assessee has already been decided and the matter of the transfer pricing adjustment has been remanded back to the Ld. Transfer Pricing Officer (TPO) vide order dated 26/10/2016 in ITA No. 345/Del/2016. 4. The Revenue in ground No. 1 and 2 of present appeal has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT No. 3498/Del/2010 is reproduced as under: 6.3 After perusing the aforesaid findings of the Coordinate Bench in assessee s own case in earlier year and subsequent years, we are of the considered view that facts of the year under consideration are similar to the facts involved in the assessment years 2004-05, 2007-08 2008-09, therefore, respectfully following the precedents as referred above, we hold that the payments on royalty are revenue expenditure, hence, the addition in dispute is deleted and accordingly the grounds are allowed. 8. Since there is no change in the license agreement in the year under consideration under which royalty has been paid as compared to the assessment year 2006-07, thus respectfully following of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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