CIT Vs. EKL APPLIANCES LTD

JUDGEMENT

(1.) This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (Act, for short) relates to assessment year 2002-03 and arises out of the order of the Income Tax Appellate Tribunal (tribunal, for short) dated 11th February, 2011 in ITA No. 3895/Del/2010.

(2.) Pursuant to the order passed by the Commissioner of Income Tax (Appeals) under Section 263 of the Act, the Assessing Officer passed an order dated 30th July, 2007 holding that the royalty payment of Rs. 108.64 lacs was capital expenditure, inter alia, for acquisition of a capital asset.

(3.) The CIT(Appeals) deleted the said addition. The said order has been affirmed by the tribunal.