2016 (1) TMI 1283 - HC - Income Tax

Payment of royalty and technical guidance fee - revenue or capital in nature - Held that - As far as Question (1) is concerned, it has been answered in favour of the Assessee in the Assessee s own case CIT v. Hero Honda Motors 2015 (2) TMI 368 - DELHI HIGH COURT . The Court, accordingly, declines to frame question of law on this issue. Appeal admitted on Whether the ITAT has erred in deleting the addition under Section 40(a) (ia) of the Income Tax Act, 1961 holding that export commission is neither royalty nor fee for technical service?

Summary

Issues involved:
1. Interpretation of payment of royalty and technical guidance fee as revenue in nature.
2. Deletion of addition under Section 40(a)(ia) for export commission.

Analysis:
1. The appeal by the Revenue challenges the ITAT's order regarding the nature of payment of royalty and technical guidance fee. The Revenue questions whether the ITAT erred in holding that such payments are revenue in nature. The Court notes that in a similar case, CIT v. Hero Honda Motors, it was decided in favor of the Assessee. Consequently, the Court declines to frame a question of law on this issue, indicating a precedent in favor of treating such payments as revenue.

2. The second issue concerns the deletion of an addition under Section 40(a)(ia) for export commission. The Revenue expresses a desire to present arguments on this matter on a later date. The case is adjourned to allow the Revenue to address this issue on 8th March 2016. This indicates that the Court is open to hearing further arguments regarding the treatment of export commission in relation to Section 40(a)(ia) of the Income Tax Act, 1961.