9911796707
TMI Blog2019 (11) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... sment year 2016-17, ITA No.2009/Chny/2019 is an appeal filed by the Revenue, namely, Shriram City Union Finance Limited, against the Order of the Commissioner of Income Tax (Appeals)-15, Chennai, in ITA No.176/2018-19/C.I.T(A)-15 dated 29.04.209 for assessment year 2016-17. 2. As the issues in all these appeals of the Revenue are identical, all these appeals are disposed of by this common order. 3. Mr.J.Pavithran Kumar represented on behalf of the Revenue and Mr.S.Gautam represented on behalf of the Assessee. 4. The sole issue raised in the appeals of Revenue in ITA No.2007/Chny/2019 & ITA No.2009/Chny/2019 is against the action of the ld.CIT(A) in deleting the disallowance made by the Assessing Officer in respect of "Royalty Payments ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 012-13 in the assessee's own case, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed." 7. We have heard the rival contentions and perused the material available on record. A perusal of the order of the Tribunal dated 24.05.2018 referred to supra shows that the Tribunal has followed the decision of the Co-ordinate Bench of the Tribunal in ITA No.728/Mds./2016 for assessment year 2012-13. The relevant portion of Revenue's appeal in ITA No.728/Mds/2016 dated 24.08.2016 for assessment year 2012-13 in the case of M/s Shriram Transport Finance Co. Ltd., is extracted as under:- 26. The next ground of appeal is with regard to addition made on account of royalty to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... treated as capital expenditure. Therefore, the CIT(Appeals) has rightly found that the payment made by the assessee is in the revenue field. In fact, similar addition made by the Assessing Officer for the assessment year 2002-03 was deleted by this Tribunal. The CIT(Appeals) by placing reliance on the order of this Tribunal in Shriram Tamil Nadu Pvt. Ltd., allowed the claim of the assessee. Therefore, this Tribunal do not find any reason to interfere with the order of the lower authority and accordingly the same is confirmed. As it is noticed that the issue in the Revenue's appeals is now squarely covered by the decision of the Tribunal in assessee's own case for the earlier assessment years, respectively following the decision of the Co- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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