2015 (1) TMI 240 - HC - Income Tax

Court rules royalty payments as revenue expenditure, emphasizing agreement clauses.

THE COMMISSIONER OF INCOME –TAX AND THE DY. COMMISSIONER OF INCOME-TAX Versus M/s. HERBALIFE INTERNATIONAL INDIA PVT., LTD

THE COMMISSIONER OF INCOME –TAX AND THE DY. COMMISSIONER OF INCOME-TAX Versus M/s. HERBALIFE INTERNATIONAL INDIA PVT., LTD - TMI Issues:1. Treatment of royalty payments as capital or revenue expenditure.Analysis:The case involves an appeal by the Revenue against the order of the Appellate Authority setting aside the Assessing Authority's decision to treat 25% of royalty paid as capital expenditure. The main issue revolves around whether royalty payments made for transfer of technical know-how can be considered as capital in nature. The assessee claimed expenses of a specific amount on account of royalty paid towards a particular company and considered it as revenue expenditure. The Assessing Authority viewed the benefit conferred on the assessee as enduring, leading to a partial treatment of the expense as capital. This decision was based on precedents like the Southern Switch Gare Ltd. case and a judgment of the Madras High Court. However, the Appellate Authority disagreed, stating that the Apex Court's judgment did not apply to the current case as the revenue had previously accepted the royalty as revenue expenditure. The Tribunal upheld this decision, leading to the Revenue's appeal before the High Court.The High Court analyzed the clauses of the License and Technical Assistance agreement between the parties. Clauses 6.2, 7.1, 7.2, and 7.3 were crucial in determining the nature of the agreement. Clause 6.2 explicitly stated that the licensee would not acquire any right, title, or interest in the technical information provided by the licensor. Additionally, clauses regarding termination and renewal indicated that the agreement did not confer any enduring benefit to the assessee. These clauses were not considered by the lower authorities. Based on the agreement's provisions and the absence of enduring benefits, the High Court concluded that the entire amount of royalty should be treated as revenue expenditure. Consequently, the appeal by the Revenue was dismissed, and the substantial question of law was answered in favor of the assessee.In conclusion, the High Court's judgment clarified the treatment of royalty payments as revenue expenditure based on the specific agreement's terms and the absence of enduring benefits to the assessee. The decision highlighted the importance of analyzing contractual clauses to determine the nature of expenses and upheld the Appellate Authority's ruling in favor of the assessee.