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Judgment
Bhavnesh Saini, J
This appeal by Revenue has been directed against the Order of the Ld. CIT(A)-44, New Delhi, Dated 09.11.2015, for the A.Y. 2007-2008, challenging the Order of Ld. CIT(A) in deleting the addition of Rs.1.48 crores made by A.O. on account of royalty payment.
The assessee submitted before the Ld. CIT(A) that this issue is covered by the Order of ITAT for A.Y. 2004-2005 in ITA.No.2221/Del./2009 dated 25.02.2010. The Ld. CIT(A) reproduced the findings of the Tribunal in the appellate order and allowed the appeal of assessee holding that royalty payment is revenue expenditure.
Learned Counsel for the Assessee at the outset submitted that issue is covered by the Order of ITAT for the A.Y. 2004-2005 (supra). Copy of the Order is placed on record. He has also submitted that the same order for A.Y. 2004-2005 have been relied upon by ITAT, Delhi B-Bench in the case of same assessee for A.Y. 2011-2012 and departmental appeal have been dismissed vide Order dated 05.01.2018. Copy of both the Orders are furnished on record. The Ld. D.R, therefore, suggested that the issue is covered in favour of the assessee by the above orders.
In view of the above, it is clear that the issue is covered by the Order of ITAT for the A.Y. 2004-2005 (supra).
The Ld. CIT(A) correctly followed the Order of the Tribunal.
The departmental appeal has no merit and the same is accordingly dismissed.
In the result, appeal of the Department dismissed.