The High Court dismissed the Tax Case Appeal filed by the Revenue. The court observed that parallel appeals in the same batch had been recently decided and directed the closure of the present matter without costs, relying on the Higher Bench's decision allowing the assessee.
Tax Case Appeal No.291 of 2022 is closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Tax Case Appeal No.291 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :29.11.2022
CORAM :
THE HONOURABLE MR. JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR. JUSTICE C.SARAVANAN
Tax Case Appeal No.291 of 2022
Commissioner of Income Tax Chennai.
. .. Appellant
Versus
Shriram City Union Finance Ltd. Mookambika Complex, No.4, Lady Desika Road, Mylapore, Chennai-600004. PAN:AAACS 7703H .. Respondent
Tax Case Appeal filed under Section 260A of the Income Tax Act, 1961
against the order dated 08.09.2021 passed by the Income Tax Appellate Tribunal,
Madras “B” Bench, in I.T.A.No.1298/Chny/2019.
For Appellant : Mr.J.Narayanaswamy
J U D G M E N T
This Tax Case Appeal has been filed by the Appellant / Revenue, calling
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Tax Case Appeal No.291 of 2022
in question the correctness of the order dated 08.09.2021 passed by the Income
Tax Appellate Tribunal, 'B' Bench, Chennai, in I.T.A.No.738/Mds/03, relating to the assessment year 2014-15.
2.By the impugned order, the Tribunal answered the issue against the Revenue, placing reliance on the decision of the Tribunal in M/s.Shriram Transport Finance Company Ltd. in ITA No.2572 & 2636/Chny/2017 dated 24.05.2018 and Assessee's own case for assessment year 2006-07 in ITA.No.726/Mad/2010. The relevant portion of the order reads as under:
"13. We have heard both the parties, perused material available on record and gone through orders of the authorities below. We find that the Tribunal has considered an identical issue in the case of M/s.Shriram Transport Finance Company Ltd. in ITA.No.2572 & 2636/Chny/2017 dated 24.05.2018 for assessment year 2014-15, where it was held that payment made by the assessee for right to use logo is revenue in nature, which is deductible while computing income from business or profession. Further, similar issue has been considered in assessee's own case for assessment year 2006-07 in ITA.No.726/Mad/2010. Therefore, consistent with the view taken by co-ordinate Bench, we are of the considered view that there is no error in the reasoning given by the learned CIT (A) to delete additions made towards royalty and hence, we are inclined to uphold findings of the learned CIT (A) and reject ground taken by the revenue."
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Tax Case Appeal No.291 of 2022
Appeals against the order of the Income Tax Appellate Tribunal, were recently decided on 30.06.2022 in T.C.A.Nos.755 of 2009 etc. batch and hence in view of
the same, the present Appeal may be closed.
Tax Case Appeal stands closed. No costs.
[S.V.N, J.] [C.S.N, J.] 29.11.2022
Internet : Yes Index : Yes / No arr
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Tax Case Appeal No.291 of 2022
S. VAIDYANATHAN, J. AND C.SARAVANAN, J.
arr
To
TCA No. 291 of 2022
29.11.2022
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Colour shows how this judgement treated each authority
M/s. Shriram Transport Finance Company Ltd.Explained¶26
M/s. Shriram Transport Finance Company Ltd. in ITA No.2572 & 2636/Chny/2017 dated 24.05.2018
Shriram City Union Finance Ltd. ITA No. 726/Mad/2010Relied on¶26
Asessee's own case for assessment year 2006-07 in ITA.No.726/Mad/2010
1 provisions across 1 enactments
Commissioner of Income Tax Chennai
Shriram City Union Finance Ltd.
S. Vaidyanathan
C. Saravananan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
