2017 (10) TMI 689

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.... in appeal against the judgement of the Income Tax Appellate Tribunal dated 20.06.2016 raising the following questions for our consideration: "[A] Whether the Appellate Tribunal has erred in law and on facts in deleting the addition made by the Assessing Officer on account of payment of Royalty of Rs. 71,75,900/- for A.Y. 2009-10 and thereby upholding the decision of the CIT(A)? [B] Whether t....

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....iture was a capital expenditure. The CIT(Appeals) in a detailed discussion, following various decisions of this court and examining the facts of the case, ruled in favour of the assessee. He came to factual findings that the payment of royalty for use of trademark enabled the assessee to market the product more easily. It was thus a profit earning apparatus. He held that the expenditure did not re....

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.... of the decision of the Supreme Court in case of Honda Siel Cars (I) Ltd. vs. Commissioner of Income - Tax reported in [2017] 395 ITR 713 in which on facts it was held that the royalty payment for obtaining technical knowhow for the entire period of agreement was a capital expenditure. The Supreme Court confirmed the view of the High Court that such acquisition resulted into an enduring benefit to....