2022 (9) TMI 33 - AT - Income Tax

Disallowance of payment of royalty - payment to related party - royalty paid to Shriram Ownership Trust as classified as payment to related party - HELD THAT - As in the case of DCIT v. Shriram City Union Finance Limited 2019 (11) TMI 42 - ITAT CHENNAI decided the issue against the Revenue. CIT(A) has rightly deleted the disallowance made by the AO towards payment of royalty - we find no infirmity in the order passed by the ld. CIT(A) on this issue. Accordingly, the ground raised by the Revenue is dismissed.

Summary

Issues:
- Delay in filing the appeal by the Revenue.
- Disallowance of royalty claim by the Assessing Officer.
- Appeal by the Revenue against deletion of disallowance of royalty claim.

Delay in Filing Appeal:
The Revenue filed an appeal against the order of the Commissioner of Income Tax (Appeals) 15, Chennai, regarding the deletion of disallowance of royalty claim. The appeal was delayed by 481 days, attributed to the Covid-19 lockdown period. The Tribunal condoned the delay, allowing the appeal for adjudication as the Revenue was prevented by a reasonable cause.

Disallowance of Royalty Claim:
The case involved M/s. Shriram Transport Finance Company Limited, which claimed royalty payment of &8377;82,16,52,689 to Shriram Ownership Trust, a related party. The Assessing Officer disallowed the claim, citing previous disputes and preferred appeals. However, the Commissioner of Income Tax (Appeals) deleted the disallowance based on previous Tribunal decisions in favor of the assessee. The Revenue appealed, arguing against the CIT(A)'s decision.

Tribunal Decision:
The Tribunal analyzed previous decisions in the assessee's cases and determined that the issue was covered by favorable Tribunal decisions. Referring to specific cases, the Tribunal upheld the CIT(A)'s decision to delete the disallowance of royalty payment. The Tribunal emphasized that the payment for using the logo was a revenue expenditure under section 37(1) of the Income Tax Act. The Revenue's appeal was dismissed, confirming the CIT(A)'s decision.

In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the deletion of the disallowance of royalty payment based on precedents and the nature of the expenditure. The decision highlighted the importance of previous Tribunal rulings in determining the allowability of expenses, particularly in cases involving related parties and royalty payments.