2015 (6) TMI 960 - AT - Income Tax

ITAT affirms technical fees as revenue expenditure, not capital cost

ITO, Ward 10 (2), New Delhi Versus Dakin Air Conditioning (India) Pvt. Ltd.

The ITAT upheld the CIT(A)'s decision, ruling that the technical fees paid by the assessee were revenue expenditure. The agreement granted the assessee a ... Treatment to acquiring technical know - revenue v/s capital expenditure - Held that:- Assessee was entitled only access to the technical knowledge and information from Daikin for manufacturing of licensed and existing products and it was not a case of absolute transfer of Daikin Technology. The assessee’s right to use license was being hedged with all sorts of conditions as noted. The assessee had acquired the business of Siel Ltd. on a going concern basis vide business purchase agreement dated 8th August, 2000. The technological collaboration agreement with Daikin entered into on the same date primarily facilitated in improving the technical aspect of manufacturing but it did not essentially formed part of the revenue earning apparatus viz. plant and machinery of assessee. The expenditure incurred for acquiring technology which becomes part and parcel of revenue earning apparatus can only be said to be in capital field but where the technology only facilitated in improving the manufacturing process, it could not be said to be part and parcel of capital structure of company. We find that this issue is squarely covered by the decision of Hon’ble Jurisdictional High Court in the case of JK Synthetics (2008 (12) TMI 21 - DELHI HIGH COURT), wherein held expenditure incurred for grant of License which accords ‘access’ to technical knowledge, as against, ‘absolute’ transfer of technical knowledge and information would ordinarily be treated as revenue expenditure. This issue is also covered by the decision of Hon’ble Jurisdictional High Court in CIT vs. Goodyear India Ltd., (2000 (3) TMI 47 - DELHI High Court ), wherein it has been held that consideration paid for betterment of the product was in revenue field. - Decided in favour of assessee. Issues Involved:1. Nature of the technical fees paid by the assessee - whether it is capital or revenue expenditure.Issue-wise Detailed Analysis:1. Nature of the Technical Fees Paid by the Assessee:Facts of the Case:The assessee-company was engaged in the business of manufacturing, exporting, assembling, supplying, distributing, and importing air-conditioning and refrigeration equipment. For the assessment year 2005-06, the assessee declared a business income of Rs. 81,772,968/-, which was assessed at Rs. 98,338,928/-. The Assessing Officer (AO) made an addition of Rs. 43,75,000/- treating the technical fees paid to Daikin Industries Ltd. as capital expenditure.Assessee's Appeal:The assessee appealed to the CIT(A), who deleted the disallowance, treating the technical fees as revenue expenditure. The department then appealed to the ITAT.Department's Grounds of Appeal:The department argued that the CIT(A) erred in treating the payment of Rs. 43,75,000/- as revenue expenditure, asserting that the payment for acquiring technical know-how was capital in nature.Assessee's Agreement with Daikin Industries Ltd.:The assessee entered into a technological collaboration agreement with Daikin Industries Ltd., granting them an exclusive and non-transferable right to use Daikin technology. The assessee paid USD 3 lakhs in three installments, with Rs. 43,75,000/- paid as the first installment during the relevant year. The AO contended that the technical fees allowed the assessee to manufacture and sell products using Daikin's technical know-how, thus considering it capital expenditure.CIT(A)'s Rationale:The CIT(A) noted that the assessee acquired only the right to use Daikin's technology, not the ownership. The agreement did not result in the acquisition of know-how but merely a non-transferable license for its use. The CIT(A) relied on various judicial pronouncements, including CIT vs. Tata Engineering and Locomotive Co. P. Ltd. [123 ITR 538] and CIT vs. J.K. Synthetics [309 ITR 371], to conclude that the expenditure was of a revenue nature.ITAT's Analysis:The ITAT examined the agreement and found that:- The assessee was granted an exclusive, non-transferable right to use Daikin technology.- The agreement was for a fixed term (10 years or 7 years from commercial production).- The license was hedged with conditions, including restrictions on sub-licensing and confidentiality clauses.- The assessee's rights were limited to using the technology for manufacturing and improving existing products, not acquiring the technology itself.Judicial Precedents:The ITAT referred to several cases, including:- CIT vs. Goodyear India Ltd. [243 ITR 239]: The Delhi High Court held that payments for betterment of products in the same line of business were revenue expenditure.- Shriram Pistons & Rings Ltd. vs. CIT [307 ITR 363]: The Delhi High Court held that payments for the right to use technology, hedged with conditions, were revenue expenditure.Conclusion:The ITAT upheld the CIT(A)'s order, concluding that the technical fees paid by the assessee were revenue in nature. The assessee acquired only the right to use Daikin's technology, not the technology itself, and the expenditure facilitated the improvement of manufacturing processes without forming part of the capital structure.Order:The department's appeal was dismissed, and the CIT(A)'s deletion of the disallowance was upheld. The order was pronounced in the open court on 30/11/2012.