2016 (7) TMI 1278 - AT - Income Tax

Disallowance of R&D expenses and royalty expenses - CIT-A deleted addition - rectification of mistake - Held that - Hon ble Tribunal in earlier AY agreed with the submissions of the Assessee and held that Tribunal had mistakenly decided on the issue of Research and Development expenses and disallowance of Royalty expenses and hence the grounds of Revenue in respect of R&D expenses and royalty expenses for AY 1996-97 was dismissed on account of it not being arising out of CIT(A) s order also confimed by HC 2011 (4) TMI 1454 - HIGH COURT OF GUJARAT . - Decided against revenue

Summary

Issues:
1. Disallowance of research and development expenditure
2. Disallowance of royalty expenditure
3. Disallowance of motor car and telephone expenses

Analysis:

Issue 1: Disallowance of Research and Development Expenditure
The Revenue appealed against the order of the Commissioner of Income-Tax (Appeals) regarding the disallowance of research and development expenditure. The Assessee, a software company, had filed its return for Assessment Year 1996-97 declaring total income as NIL. The assessment was framed by the Assessing Officer under section 143(3), determining the total income at ?5,45,70,442. The Commissioner of Income-Tax (Appeals) granted partial relief to the Assessee, who then filed an application under section 154 before the Commissioner, contending that some grounds were not adjudicated. The Commissioner decided in favor of the Assessee based on an ITAT decision from earlier years. The Revenue challenged this decision, but the Tribunal dismissed the appeal, stating that the issue was concluded by the ITAT's earlier decision in the Assessee's case.

Issue 2: Disallowance of Royalty Expenditure
The Revenue also contested the deletion of the disallowance of 1/6th of the royalty expenditure of ?3,23,28,158. The Tribunal found that the issue was already decided in the Assessee's favor by the ITAT in an earlier year's order, which was followed in the present case. Therefore, the Tribunal dismissed the Revenue's appeal regarding the royalty expenditure.

Issue 3: Disallowance of Motor Car and Telephone Expenses
The Revenue raised concerns about the deletion of disallowances related to motor car expenses, motor car depreciation, and telephone expenses. The Tribunal, after considering the arguments, found that the issue was conclusively settled by the ITAT's decision in the Assessee's earlier case. Consequently, the Tribunal dismissed the Revenue's appeal regarding these expenses.

In conclusion, the Tribunal upheld the decisions of the Commissioner of Income-Tax (Appeals) in favor of the Assessee, dismissing the Revenue's appeal on all grounds. The Tribunal's order, based on the ITAT's previous rulings in the Assessee's case, was pronounced on 7th July 2016 at Ahmedabad.