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Judgment
Since, on similar questions, ITA No. 27/2004 was admitted on 19-1-2004, we admit this appeal also. The following two questions of law are required to be determined by this Court :
Whether the ITAT was right in holding that the entire royalty payment made by the assessee to Kilbenschimdt, Germany, Honda Foundry, Japan, Riken Corporation, Japan and Fuji Ooxz, Japan is revenue expenditure and 25% thereof or no other part of it can be regarded as capital expenditure ?
Whether ITAT was right in holding that the entire expenditure incurred by the assessee on visits of foreign technicians and other related expenditures under collaboration agreements is revenue expenditure and no part of it 25% of the said expenditure can be regarded as capital expenditure ?
The appellant shall file the paper books within a period of three months as per rules. The appeal be listed alongwith ITA No. 58/2002 and other connected matters. In ITA Nos. 58/2002, 27/2004 and 249/2003, the registry shall make an endorsement that these matters are required to be heard together.