TaxTMI 
TaxTMI 
TaxTMI 
2013 (5) TMI 893
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....l filed by the Revenue and C.O. No.11/Kol/2013 is a Cross Objection filed by the assesse. The Revenue's appeal is against the order of ld. C.I.T.(A)-I, Kolkata in Appeal No.533/CIT(A)-I/Circle- 2/2009-10 dated 04.09.2012 for Assessment year 2006-07 u/s 154 of the IT Act.. 3. ITA No.1828/Kol/2012 is an appeal filed by the Revenue against the order of ld. C.I.T.(A)-I, Kolkata in Appeal No.164/CIT(A)-I/Circle-2/2010-11 dated 04.09.2012 for Assessment year 2006-07. 4. Shri L.K.S.Dehiya, CIT(DR) represented on behalf of the Revenue and Shri S.Jhajharia, FCA represented on behalf of the assessee. ITA No.1826/Kol/2012 and C.O.No.2013 : 5. In the Revenue's appeal the revenue has raised the following grounds :- "1. That on the facts and i....
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....of this Tribunal in assessee's own cas for A.Yrs. 1990-91 and 1991-92 in ITA No.329/Cal/1996 and ITA No.99/Cal/1997 dated 24th September, 2002 wherein in para 17 of the order the Coordinate Bench of this Tribunal has held as follows :- "`17. In view of the above judicial decisions and considering the facts that there was a valid agreement entered into by the parties and enforceable in law against each other. It becomes legal obligation of the assessee company to make the contribution to the society and as such we are of the considered view that the contribution to the society is not hit by section 40A(9) of the Act as such an obligation falls within the last part of the said section that the contribution was made by the assessee company to....
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....rder of the ld. CIT(A) for A.Yr.2007-08. It was the submission that this issue was not a subject matter of appeal by the Revenue for the A.yr. 2007-08. In reply the ld. DR submitted that due to the tax effect no appeal has been filed. 12. We have considered the rival submissions. A perusal of the order of the ld. CIT(A) for A.Yr. 2007-08 clearly shows that there were other issues which were a subject matter of appeal before the Tribunal for the A.Yr. 2007-08. Admittedly the issue of depreciation on the river embankment was a small one but the revenue has not filed any appeal against the same. The depreciation having been allowed for A.Yr. 2007-08, it cannot now be denied for the A.Yr. 2005-06 especially when it has been accepted as part of....
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....of termination or expiry of the agreement the licensed products were not to be manufactured nor was its trade marks to be used and all to be returned to the licensor. It was the submission that in view of the decision of the Hon'ble Calcutta High Court in the case of CIT vs Hindusthan Motors Ltd. 192 ITR 619 it clearly shows that this royalty payment was a revenue expenditure as no capital assets came into being in the hands of the assessee. 17. In reply the ld. DR vehemently supported the orders of the AO as well as the ld. CIT(A). 18. We have heard the rival submissions. A perusal of the agreement in respect of the technical know-how and the manufacturing process clearly shows that the assesse has derived no enduring benefit nor has ass....
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....For that in view of the facts and circumstances of the case, the ld. CIT(A) erred in confirming the action of the AO in treating Rs. 1,10,85,490/- of royalty payment as capital expenditure and such expenditure being fully allowable revenue expenditure it may kindly be held accordingly. 2. For that your petitioner craves the right to put additional grounds and./or to alter/amend/modify the present grounds at the time of hearing." 22. In respect to ground No.1 of the revenue's appeal it was fairly agreed by both the sides that this ground was identical to ground no.1 of the revenue's appeal in ITA NO,.1826/Kol/2012 for A.yr.2005-06. Consequently the finding therein will apply to this ground also. Consequently the said ground stands d....