2014 (11) TMI 191 - AT - Income Tax

Payment of royalty - Capitalization of royalty expenses Held that - The assessee company is a manufacturing company and engaged in the engineering tools - It is a 100% export oriented unit located in Gurgaon, Haryana - This unit is eligible for exemption u/s 10B of the Act on the profit earned - The assessee company was paying the royalty expenses to MACNAUGHT on the various products sold by it as agreed with MACNAUGHT on 19.11.2002. MACNAUGHT is an Australian company - It has no connection with the management of the assessee company - This royalty is being paid by the assessee for putting the trademark MACNAUGHT on the products of the assessee and using drawing etc. - This royalty was linked to the volume of sales- The assessee is using the knowhow, trademark and licenses without any right to the license - The rights remained with the licensor, this payment of royalty cannot be treated as capital in nature - It was paid for use of technology and trademark, therefore, it was revenue expenses - this expenditure has been incurred wholly and exclusively for the purpose of business of the assessee - The assessee has deducted TDS and deposited the same with the Government - The genuineness of the payment is also not in doubt - the CIT (A) was not justified in sustaining/enhancing the addition and the AO was not justified in treating the amount as capital in nature Decided in favour of assessee.

Issues Involved:
1. Payment of royalty and its classification as capital or revenue expenditure.
2. Justification and legal sanctity of the royalty agreements.
3. Enhancement of disallowance by the CIT (A).
4. Alternate plea for depreciation if royalty is treated as capital expenditure.

Issue-Wise Detailed Analysis:

1. Payment of Royalty and Its Classification as Capital or Revenue Expenditure:
The primary issue in all three assessment years (2005-06, 2006-07, and 2007-08) was the payment of royalty by the assessee to M/s Macnaught Pvt. Ltd. The Assessing Officer (AO) disallowed the royalty expenses, treating them as capital expenditure and allowed depreciation at 25%. The AO reasoned that the royalty paid for using drawings, procedures, and trademarks provided an enduring advantage, thus capitalizing the expenses. However, the assessee argued that the royalty was linked to sales volume and should be treated as revenue expenditure. The Tribunal concluded that the royalty payments were for the use of technology and trademarks without acquiring any rights, making them revenue expenses. The Tribunal cited various case laws supporting the classification of such expenses as revenue in nature.

2. Justification and Legal Sanctity of the Royalty Agreements:
The CIT (A) questioned the legal sanctity of the royalty agreements, noting that they were not on stamp paper and were casual in nature. The CIT (A) also found the agreements cryptic and lacking detailed justification for payments. Despite the assessee's submission of technical details and proof of payment, the CIT (A) found the explanations insufficient. The Tribunal, however, emphasized that the agreements were duly signed, and the payments were made through proper banking channels after deducting TDS. The Tribunal held that the absence of a detailed written agreement does not invalidate the expenditure if it is wholly and exclusively for business purposes, referencing several judicial precedents.

3. Enhancement of Disallowance by the CIT (A):
The CIT (A) not only sustained the AO's disallowance but also enhanced it, disallowing the entire royalty payment. The CIT (A) reasoned that the agreements lacked legal backing and failed to justify the business purpose of the payments. The Tribunal disagreed, stating that the royalty payments were genuine business expenses incurred for using technology and trademarks. The Tribunal found no basis for the CIT (A)'s enhancement and allowed the assessee's appeal.

4. Alternate Plea for Depreciation if Royalty is Treated as Capital Expenditure:
The assessee submitted an alternate plea that if the royalty payments were considered capital in nature, depreciation should be allowed from the initial year of payment. The assessee provided a detailed working of depreciation for each year. However, since the Tribunal concluded that the royalty payments were revenue expenses, it did not find it necessary to address the alternate plea.

Conclusion:
The Tribunal allowed the appeals of the assessee, ruling that the royalty payments were revenue expenses incurred wholly and exclusively for business purposes. The Tribunal found the CIT (A)'s enhancement and the AO's capitalization of the expenses unjustified. The Tribunal's decision was based on the nature of the payments, the genuineness of the transactions, and relevant judicial precedents.

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