2005 (8) TMI 703

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....dabad Bench "B", has referred the following two questions under s. 256(1) of the IT Act, 1961 (the 'Act'), at the instance of the CIT, Baroda: Common question for asst. yrs. 1982-83 to 1984-85 : "Whether, the Tribunal is right in law and on facts in holding that the assessee is entitled to deduction in respect of royalty paid to Enertom Systems at the rate of 2 per cent on the ....

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....essee carried the matter in appeal before the CIT(A) who confirmed the disallowance by treating the payment as outright purchase of technical know-how. The assessee carried the matter in second appeal before the Tribunal. It was contended before the Tribunal that payment of royalty was in the nature of revenue expenditure as it was akin to license fee. The Tribunal accepted the submission vide its....

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.... of her contention. 5. Though served, there is no appearance on behalf of respondent-assessee. 6. It is an admitted fact that the royalty agreement is not on record. It is not possible to state that the Tribunal has committed any error in interpreting the document in absence of the availability of the document. The agreement was entered into on 12th Sept., 1979. The AO has observed in the as....

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....firmative i.e., in favour of the assessee and against the Revenue. 9. Insofar as question No. 2 is concerned, the learned standing counsel has submitted that the issue raised by the said question stands concluded in favour of the assessee by the apex Court decision in the case of Allied Motors (P) Ltd. vs. CIT (1997) 139 CTR (SC) 364: (1997) 224 ITR 677(SC). Following ratio of the said decision....