(2000) (1999) 237 ITR 684 (Mad), CIT v. Southern Pressings (P) L (

M/S Hero Honda Motors Ltd, New Delhi vs. DCIT, New Delhi

In the result, appeal filed by the assessee is allowed

Bench: Sh C.M.Garg & Shri Prashant Maharishihero Honda Motors Ltd, Dcit, 34, Basant Lok, Vasant Vihar, Circle-12(1), Vs. New Delhi New Delhi Pan:Aaacg0812J (Appellant) (Respondent)

…e in the business carried on by the assessee and for that purpose, it was necessary to bear in mind the business exigencies on the basis of which the agreement had been entered into. In a subsequent decision in the case of CIT vs. Southern Pressings (P) Ltd.; 242 ITR 67 flu. Court held that where the assessee had no proprietary interest over the know- how obtained in the collaboration agreement and tin- purpose of outlay wax the use of the technical know how during the period of the agreement, the payment made nuclei- the collaboration agreement had in he allowed as revenue deduction. The court observed that when…

CIT vs. Hero Honda Motors Ltd

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

…Electrical Imdmtnes (P) Pw, U 1 ^0091 254 ITR 294(Guj), CIT vs. Jyoti Carbon Lid, (2002) 294 iiiv v 170021 255 ITR 345(Guj), S.if.f. Took ltd. vs. CIT Electric Motors ad. (2002) 2t, ^ m i,d (2000) (1999) 237 ITR 684 (Mad), CIT vs. Southern Pressings (P) L ( ) 242 ITR 67 (Mad) and CIT vs. B.N. Bias&Co. (P) Ud. (m 190 (Cal). We need not specifically dilate any more on the sarc aspec m a O- oflaw as expounded above. However, we would like view ofthe position of law as expou noRat 148 to refer to the decision in Cir vs; SotrtfcOT SM..fcfcg<K"-T •( ITR 272 (Mad) relied on by the revenue. In the said case, the assessee…

CIT vs. Hero Honda Motors Ltd

…Electrical Imdmtnes (P) Pw, U 1 ^0091 254 ITR 294(Guj), CIT vs. Jyoti Carbon Lid, (2002) 294 iiiv v 170021 255 ITR 345(Guj), S.if.f. Took ltd. vs. CIT Electric Motors ad. (2002) 2t, ^ m i,d (2000) (1999) 237 ITR 684 (Mad), CIT vs. Southern Pressings (P) L ( ) 242 ITR 67 (Mad) and CIT vs. B.N. Bias&Co. (P) Ud. (m 190 (Cal). We need not specifically dilate any more on the sarc aspec m a O- oflaw as expounded above. However, we would like view ofthe position of law as expou noRat 148 to refer to the decision in Cir vs; SotrtfcOT SM..fcfcg<K"-T •( ITR 272 (Mad) relied on by the revenue. In the said case, the assessee…

Commissioner of Income Tax-IV vs. Hero Honda Motors Ltd

…Electrical Imdmtnes (P) Pw, U 1 ^0091 254 ITR 294(Guj), CIT vs. Jyoti Carbon Lid, (2002) 294 iiiv v 170021 255 ITR 345(Guj), S.if.f. Took ltd. vs. CIT Electric Motors ad. (2002) 2t, ^ m i,d (2000) (1999) 237 ITR 684 (Mad), CIT vs. Southern Pressings (P) L ( ) 242 ITR 67 (Mad) and CIT vs. B.N. Bias&Co. (P) Ud. (m 190 (Cal). We need not specifically dilate any more on the sarc aspec m a O- oflaw as expounded above. However, we would like view ofthe position of law as expou noRat 148 to refer to the decision in Cir vs; SotrtfcOT SM..fcfcg<K"-T •( ITR 272 (Mad) relied on by the revenue. In the said case, the assessee…

Commissioner of Income Tax-IV vs. Hero Honda Motors Ltd

…Electrical Imdmtnes (P) Pw, U 1 ^0091 254 ITR 294(Guj), CIT vs. Jyoti Carbon Lid, (2002) 294 iiiv v 170021 255 ITR 345(Guj), S.if.f. Took ltd. vs. CIT Electric Motors ad. (2002) 2t, ^ m i,d (2000) (1999) 237 ITR 684 (Mad), CIT vs. Southern Pressings (P) L ( ) 242 ITR 67 (Mad) and CIT vs. B.N. Bias&Co. (P) Ud. (m 190 (Cal). We need not specifically dilate any more on the sarc aspec m a O- oflaw as expounded above. However, we would like view ofthe position of law as expou noRat 148 to refer to the decision in Cir vs; SotrtfcOT SM..fcfcg<K"-T •( ITR 272 (Mad) relied on by the revenue. In the said case, the assessee…

Commissioner of Income Tax-IV vs. Hero Honda Motors Ltd

…Electrical Imdmtnes (P) Pw, U 1 ^0091 254 ITR 294(Guj), CIT vs. Jyoti Carbon Lid, (2002) 294 iiiv v 170021 255 ITR 345(Guj), S.if.f. Took ltd. vs. CIT Electric Motors ad. (2002) 2t, ^ m i,d (2000) (1999) 237 ITR 684 (Mad), CIT vs. Southern Pressings (P) L ( ) 242 ITR 67 (Mad) and CIT vs. B.N. Bias&Co. (P) Ud. (m 190 (Cal). We need not specifically dilate any more on the sarc aspec m a O- oflaw as expounded above. However, we would like view ofthe position of law as expou noRat 148 to refer to the decision in Cir vs; SotrtfcOT SM..fcfcg<K"-T •( ITR 272 (Mad) relied on by the revenue. In the said case, the assessee…

Commissioner of Income Tax-IV vs. Hero Honda Motors Limited

…al Industries (P) Ltd. (1981) 127 ITR 409 (AP), CIT vs. Gujarat Carbon Ltd. (2002) 254 ITR 294(Guj), CIT vs. Jyoti Electric Motors Ltd. (2002) 255 ITR 345(Guj), S.R.P. Tools Ltd. vs. CIT (1999) 237 ITR 684 (Mad), CIT vs. Southern Pressings (P) Ltd. (2000) 242 ITR 67 (Mad) and CIT vs. B.N. Elias & Co. (P) Ltd. (1987) 168 ITR 190 (Cal). We need not specifically dilate any more on the said aspect in view of the position of law as expounded above. However, we would like to refer to the decision in CIT vs. Southern Switchgear Ltd. (1984) 148 ITR 272 (Mad) relied on by the revenue. In the said case, the as…