Assesee only can decide whether or not to incur expenditure

Income Tax department cannot dictate Assessee whether or not to incur expenditure. Arm’s length price of royalty expenditure not to be linked with profit/income resulting therefrom. Losses are not a valid ground to disallow royalty expenditure. HIGH COURT OF DELHI I.T.A. Nos.1068/2011 & I.T.A. Nos.1070/2011 Date of Decision: 29th March, 2012 CIT VS. EKL APPLIANCES LTD ORDER R.V. EASWAR, J.: In these appeals filed under Section 260A of the Income Tax Act, 1961 („Act‟, for short) the Commissioner of Income Tax challenges the common order passed by the Income Tax Appell...