2020 (1) TMI 926

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.....JUSTICE J.B.PARDIWALA) 1 This Tax Appeal under Section 260A of the Income Tax Act, 1961 (for short, 'the Act, 1961') is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmedabad 'B' Bench, dated 27th March 2019 in the ITA No.2796/Ahd/2014 for A.Y. 201112. 2 The Revenue has proposed the following questions as the sub....

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....f 2019, this Tax Appeal stands dismissed so far as the questions Nos.2[A] and 2[B] respectively, as proposed by the Revenue, is concerned. The question No.2[C], as proposed, is one relating to deletion of addition of Sub License Fee Expenses to the tune of Rs. 27,57,500/. In this regard, the Tribunal, while concurring with the finding recorded by the CIT(Appeals) held as under: "Heard the respe....

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....acture, then it is not a transfer of the ownership of the knowhow and to be treated as revenue expenditure. The judgment passed by the Coordinate Bench, in the case of Urja Products Ltd. was also mentioned in the order passed by the Ld. CIT(A) wherein similar issue has been decided in favour of the appellant. The nonrefundable upfront fee itself does not mean a capital expenditure but the same is ....