2023 (3) TMI 1520

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....set, we must observe, this appeal was earlier disposed of by the Tribunal vide order dated 09.11.2021. 3. Inadvertently, while disposing of the appeal, ground no. 10 raised by the assessee was left out, hence, remained undecided. Therefore, while considering the miscellaneous application filed by the assessee in MA No. 214/Del/2021, the Tribunal vide order dated 29.07.2022 recalled the appellate order for the limited purpose of deciding ground no.10. This is how the present appeal came up for hearing before us. 4. Ground No.10, reads as under: 10. That the A.O/LEARNED DRP have erred in not allowing deduction of expenses of INR 250,17,14,636/- in respect of Technical know-how duly claimed before the A.O and DRP. 10.1 That the A.O/Lear....

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....e by the decision of the Tribunal in assessment year 2015-16. In this context, he drew our attention to the relevant observations of the Tribunal while deciding the issue in ITA No. 9073/Del/19 dated 21.05.2021. 11. Learned Departmental Representative, though, agreed that the issue is covered by the decision of the Tribunal, however, he relied upon the observations of the Assessing Officer and learned DRP. 12. We have considered rival submissions and perused the material available on record. 13. On going through the material available on record, we find, the issue, whether, technical know-how fee paid is in the nature of capital or revenue expenditure is a legacy issue and is continuing from preceding assessment years. While, deciding th....

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....s under:- "The Hon'ble ITAT in the appellant's own case for assessment Year 2011- 12 reiterated that the facts in the case of the appellant differ from, the facts of Honda Siel Cars Ltd. (supra) because the amount expended is in relation to the running royalty and not for the purpose of setting up of plant. Further, reference is also made to the decision of the Delhi Tribunal in the case of Honda Cards India Ltd vs DCIT : ITA No.4491/Del/2014 dated 18.08.2017 (pages 414- 457 of the CLPB) and also confirmed by Hon'ble Delhi High Court in ITA No.45/2019 vide order dated. 13.05.2019 (refer pages 457A-457F of the CLPB), wherein the Tribunal after referring to the decision of the Supreme Court in the case of Honda Siel Cars (su....