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Royalty is revenue expense if no right after License termination to Assessee
Case Law Details
- Case Name
- CIT Vs. H-One India Pvt. Ltd. ( Allahabad High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-10
- Courts
- All High Courts, Allahabad High Court
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Royalty and fee for technical assistance are revenue in nature if upon license termination rights created in favour of assessee gets extinguished.
Expenditure incurred by the assessee towards royalty and fee for technical assistance in pursuance of the licence agreement entered between the assessee and the company M/s Hongo Japan were revenue expenditure and not capital in nature in view of the fact, upon termination of the licence agreement, all rights created in favour of the assessee under the licence agreement stood extinguished and no benefit was passed on to or retained with the assess...
