CIT v. J.K. Synthetics Ltd.

CIT vs. Federal Mogul Tpr India Ltd

…penditure of 25% of the royalty actually paid. The Tribunal relied upon the decisions of this Court in case of CIT v. Sharda Motor Industries Ltd. 319 ITR 2012:DHC:4525-DB ITA-398/2012 Page 2 109 (Del) and CIT v. J.K. Synthetics Ltd. 309 ITR 371 (Del). 4. In Para 6 of the impugned order, the Tribunal’s reasoning can be found. The relevant extracts are as follows:- “6. We have heard both the parties and gone through the material available on record. As per clause 5 of agreement between the assessee and Telkoku Piston Ring Company Ltd., Japan (supra), the royalty is to be paid at…

Airports Authority of India vs. Commissioner of Income Tax

Appeals are disposed of in the aforesaid terms

…ITA Nos.ITA 432/2008,433/2008,ITA 437/2008,ITA 517/2008 Page 1 of 26 ITA 792/2008,ITA 1250/2008,ITA 1251/2008 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 432 OF 2008 ITA 433 OF 2008 ITA 437 OF 2008 ITA 517 OF 2008 ITA 792 OF 2008 ITA 1250 OF 2008 ITA 1251 OF 2008 Judgment Reserved On: 2.12.2011 % Judgment Pronounced On:16.12.2011 (1) ITA 432/2008 AIRPORT AUTHORITY OF INDIA . . . APPELLANT Through :. Mr. O.S. Bajpai, Sr. Advocate with Ms. Manasvini Bajpai and Mr. V.N. Jha, Advocates. VERSUS C…

Commissioner of Income Tax vs. M/S Asahi India Safety Glass Ltd

Appeals are dismissed

…ses which deal with technology and software application, which do not in any manner supplant the source of income or added to the fixed capital of the assessee. [See Alembic Chemical Works Co. Ltd. vs CIT (1989) 177 ITR 377; CIT vs J.K. Synthetics (2009) 309 ITR 371 at page 412 and CIT Vs. Indian Visit.com (supra)]. 9.1. This is the approach which the Supreme Court has applied even in cases where there is a once for all or a lump sum payment. What is to be seen in the facts of this case, as already noticed by us 2011:DHC:5593-DB ITA 1110/2006 & 1111/2006 Page 13 of 17 hereinabove, that th…

Commissioner of Income Tax vs. M/S Asahi India Safety Glass Ltd

Appeals are dismissed

…ses which deal with technology and software application, which do not in any manner supplant the source of income or added to the fixed capital of the assessee. [See Alembic Chemical Works Co. Ltd. vs CIT (1989) 177 ITR 377; CIT vs J.K. Synthetics (2009) 309 ITR 371 at page 412 and CIT Vs. Indian Visit.com (supra)]. 9.1. This is the approach which the Supreme Court has applied even in cases where there is a once for all or a lump sum payment. What is to be seen in the facts of this case, as already noticed by us 2011:DHC:5592-DB ITA 1110/2006 & 1111/2006 Page 13 of 17 hereinabove, that th…

The Commissioner of Income Tax vs. M/S Vrv Breweries & Botteling

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

…ITA Nos. 594/2005, 646/2005 & 559/2006 Page 1 of 32 * THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 09.08.2011 % Judgment delivered on: 19.08.2011 + ITA Nos. 594/2005, 646/2005 & 559/2006 CIT ...... Appellant Vs M/S V.R.V. BREWERIES & BOTTLING INDUSTRIES Ltd. ..... Respondent Advocates who appeared in this case: For the Appellant: Ms Rashmi Chopra, Advocate For the Respondent: Mr Ajay Vohra, Ms Kavita Jha & Mr Somnath Shukla, Advocates. CORAM :- HON‟BLE MR JUSTI…

The Commissioner of Income Tax vs. M/S V.R.V. Breweries & Botteli

Bench: HON'BLE MR. JUSTICE SANJAY KISHAN KAUL,HON'BLE MR. JUSTICE RAJIV SHAKDHER

…ITA Nos. 594/2005, 646/2005 & 559/2006 Page 1 of 32 * THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 09.08.2011 % Judgment delivered on: 19.08.2011 + ITA Nos. 594/2005, 646/2005 & 559/2006 CIT ...... Appellant Vs M/S V.R.V. BREWERIES & BOTTLING INDUSTRIES Ltd. ..... Respondent Advocates who appeared in this case: For the Appellant: Ms Rashmi Chopra, Advocate For the Respondent: Mr Ajay Vohra, Ms Kavita Jha & Mr Somnath Shukla, Advocates. CORAM :- HON‟BLE MR JUSTI…

C.I.T vs. Denso India Ltd

Bench: HON'BLE MR. JUSTICE A.K.SIKRI,HON'BLE MS. JUSTICE REVA KHETRAPAL

…ment of the clients of the assessee, namely, manufactures of automobiles, technical fee was paid for the services rendered, whichpayment is described as “fee for the application works” under the agreement. 21. In CIT Vs. J.K. Synthetics Ltd. (2009) 309 ITR 371, after elaborately discussing the entire case law on the subject, the court culled out the broad principles to determine as to whether expenditure in a particular case would be capital or revenue expenditure. One of the principles enumerate therein reads as under:- (v) Expenditure incurred for grant of License which accords 'access' t…

Commissioner of Income Tax vs. Shriram Pistons & Rings Limited

Appeal is partly allowed, as aforesaid

…* IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No. 815 of 2007 Reserved on: 10th November, 2009 % Pronounced on : 23rd December, 2009 Commissioner of Income Tax . . . Appellant through : Ms. P.L. Bansal, Advocate. VERSUS Shriram Pistons & Rings Limited . . .Respondent through: Mr. Ajay Vohra with Ms. Kavita Jha, Advocates. CORAM :- THE HON’BLE MR. JUSTICE A.K. SIKRI THE HON’BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether Reporters of Local newspapers may be allowed to see the Judgment? 2. To be referred to the Reporter…

Commissioner of Income Tax vs. Shriram Pistons & Rings Limited

Appeal is partly allowed, as aforesaid

…* IN THE HIGH COURT OF DELHI AT NEW DELHI ITA No. 815 of 2007 Reserved on: 10th November, 2009 % Pronounced on : 23rd December, 2009 Commissioner of Income Tax . . . Appellant through : Ms. P.L. Bansal, Advocate. VERSUS Shriram Pistons & Rings Limited . . .Respondent through: Mr. Ajay Vohra with Ms. Kavita Jha, Advocates. CORAM :- THE HON’BLE MR. JUSTICE A.K. SIKRI THE HON’BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether Reporters of Local newspapers may be allowed to see the Judgment? 2. To be referred to the Reporter…

Commissioner of Income Tax vs. Fluor Daniel India P.Ltd

Appeals are dismissed

…which is firmly established principle of law. Taking stock of various judgments, this Court defined the contours and legal principles to be kept in mind, by culling out various principles in the case of *Commissioner of Income Tax* Vs. *J.K. Synthetics Ltd.* [309 ITR 371]. - 9. In the present case, the findings of CIT (A) as well as the sales. Holding that, the said payment would be in the nature of revenue expenditure. This Court dealt with the issue in the following manner: - "3. Insofar as lump sum payment against transfer of technical knowhow provided by the Korean company is concerned, the assessee had adm…

Commissioner of Income Tax vs. Sharda Motor Industrial Ltd

…e CIT(A), as approved by the ITAT, is a finding of fact which is rightly arrived at as expenditure is purely a revenue expenditure, which is annual expenditure depending upon the quantum of production in the relevant year. - 5. In CIT v. J.K. Syntheticx Ltd., 309 ITR 371, after elaborately discussing the entire case law on the subject, the Court culled out the broad principles to determine as to whether expenditure in a particular case would be capital or revenue expenditure. One of the principle enumerated therein reads as under:- - "(v) expenditure incurred for grant of licence which accords "access" to techn…