Climate Systems India Ltd. v. CIT

Oracle Software India Ltd vs. Commissioner of Income Tax Del

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ture was capital in nature. Reference was made to CIT v. J.K. Synthetics Ltd. (2009) 309 ITR 371 (Del) where broad principles have been culled out and some of the principles have been set out in seritum. Decision in CIT V. Sharda Motors Industrial Ltd. (2009) 319 ITR 109 (Del) was also referred too. 33. The question of law mentioned above is accordingly answered in favour ofthe appellant-assessee and against the Revenue. 34. In the assessment year 1997- 98, in ITA No. 390/2007 titled Orcale India Softwares Ltd vs. CIT Delhi, two additional questions have been raised, which read as under "(2) Wliether the Assessin…

Oracle India Pvt. Ltd vs. Commissioner of Income Tax, Delhi

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ture was capital in nature. Reference was made to CIT v. J.K. Synthetics Ltd. (2009) 309 ITR 371 (Del) where broad principles have been culled out and some of the principles have been set out in seritum. Decision in CIT V. Sharda Motors Industrial Ltd. (2009) 319 ITR 109 (Del) was also referred too. 33. The question of law mentioned above is accordingly answered in favour ofthe appellant-assessee and against the Revenue. 34. In the assessment year 1997- 98, in ITA No. 390/2007 titled Orcale India Softwares Ltd vs. CIT Delhi, two additional questions have been raised, which read as under "(2) Wliether the Assessin…

Oracle India Private Limited vs. Commissioner of Income Tax

…was capital in nature. Reference was made to CIT v. J.K. Synthetics Ltd. (2009) 309 ITR 371 (Del) where broad principles have been culled out and some of the principles have been set out in seritum. Decision in CIT v. Sharda Motors Industrial Ltd. (2009) 319 ITR 109 (Del) was also referred too. 33. The question of law mentioned above is accordingly answered in favour of the appellant-assessee and against the Revenue. 34. In the assessment year 1997- 98, in ITA No. 390/2007 titled Orcale India Softwares Ltd vs. CIT Delhi, two additional questions have been raised, which read as under:- “(2) Wheth…

CIT vs. Modi Revlon Pvt Ltd

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

…t any obligation to pay royalty to the licensor. Consequently, the payment of royalty was revenue in nature and could not be classified as capital expenditure. Learned counsel relied upon the judgment of this Court in CIT v. Sharda Motor Industrial Limited 319 ITR 109 and that of the Supreme Court in Commissioner of Income Tax v. CIBA of India Limited 69 ITR 692 (SC) and submitted that as long as the licensee or the beneficiary did not become entitled exclusively to use the patent or the know- how as its owner, mere access to technical knowledge or specific process did not amount to accrual of a capital ad…

CIT vs. Federal Mogul Tpr India Ltd

Bench: HON'BLE MR. JUSTICE S. RAVINDRA BHAT,HON'BLE MR. JUSTICE R.V.EASWAR

…ITA-397/2012 Page 1 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON: 24.07.2012 + ITA 397/2012 & CM APPL.11598/2012 CIT ..... Appellant Through: Mr. Sanjeev Sabharwal, Sr. Standing Counsel with Mr. Puneet Gupta, Jr. Standing Counsel. versus FEDERAL MOGUL TPR INDIA LTD ..... Respondent Through: Mr.Arta Tarana Panda, Advocate CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % CM APPL.11598/2012 Allowed subject to all just…

CIT vs. Federal Mogul Tpr India Ltd

…ITA-397/2012 Page 1 $~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI DECIDED ON: 24.07.2012 + ITA 397/2012 & CM APPL.11598/2012 CIT ..... Appellant Through: Mr. Sanjeev Sabharwal, Sr. Standing Counsel with Mr. Puneet Gupta, Jr. Standing Counsel. versus FEDERAL MOGUL TPR INDIA LTD ..... Respondent Through: Mr.Arta Tarana Panda, Advocate CORAM: MR. JUSTICE S. RAVINDRA BHAT MR. JUSTICE R.V. EASWAR MR. JUSTICE S.RAVINDRA BHAT (OPEN COURT) % CM APPL.11598/2012 Allowed subject to all just…

C.I.T vs. Denso India Ltd

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

…by the licensor to the licensee. Expenditure on obtaining access to such secret process would ordinarily be construed as capital in nature.” 22. The question had come up for consideration before this Court in CIT s. Sharda Motors Industrial Ltd. 319 ITR 109. After analyzing the agreement and the payments made in that case, the court concluded that the expenditure was revenue in nature in the following words:- “In the present case, on facts, it was, inter alia, found as follows: (a) in that case the grant of technical aid was for setting up of the factory combined with the right to sell prod…