2013 (5) TMI 1011 - HC - Income Tax

Assessee wins most issues, except Royalty treatment. Appeal allowed for submission of additional documents.

CIT Versus HONDA SIEL CAR INDIA LTD

CIT Versus HONDA SIEL CAR INDIA LTD - TMI Issues involved: Challenge to order u/s 260A of Income Tax Act, 1961 relating to assessment year 2000-01.Issue 1: Royalty PaymentThe main issue was whether the payment of Royalty of Rs. 10,36,05,000 should be treated as revenue expenditure or capital expenditure. The Income-tax Appellate Tribunal and Commissioner of Income-tax (Appeals) treated it as revenue expenditure, contrary to the Assessing Officer's view. This issue is framed as a substantial question of law for determination by the court.Issue 2: Restructuring FeeThe question was whether the amount of Rs. 50,00,000 for restructuring fee should be considered as Revenue expenditure or capital expenditure. This issue had already been decided in favor of the assessee in a previous case, CIT v. Gujarat Guardian Ltd.: 177 Taxman 434(Del).Issue 3: License Fee/Integration ChargesThe issue revolved around the treatment of Rs. 6,61,212 for license fee/integration charges as revenue expenditure or capital expenditure. This matter was also settled in favor of the assessee by the decision in CIT v. M/s Asahi India Safety Glass Ltd.: 346 ITR 329 (Del).Issue 4: Provisions for Warranty ClaimThe question was whether the addition of Rs. 41,54,000 made by the Assessing Officer in respect of provisions for warranty claim should be deleted. This issue was resolved in favor of the assessee based on the Supreme Court decision in Rotork Controls India (P) Ltd. v. CIT: 314 ITR 62 (SC).The appeal was admitted specifically for the first issue. The parties were allowed to file additional documents within three months if they were part of the record before the Tribunal. The case was listed for further proceedings.