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RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax, Delhi -04 – Appellant
Versus
Nestle India Ltd. – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J.
1. This appeal concerns Assessment Year (AY) 2009-10. Via the above- captioned appeal, the appellant/revenue has assailed the common order dated 22.07.2020 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"] in ITA no. 2020/DEL/2014.
1.1. This order has been passed in the cross-appeals preferred by the appellant/revenue and the respondent/assessee which emerged out of the order dated 20.01.2014 passed by the Commissioner of Income Tax (Appeals) [in short, "CIT(A)"].
1.2. Being dissatisfied by the impugned order passed by the Tribunal, the appellant/revenue has preferred the instant appeal, wherein, it has proposed the following questions for our consideration:
"..(i) Whether in the facts and circumstances of the case and law, Hon'ble ITAT is correct in deleting the addition of Rs.61,01,74,000/- made by AO, on account of disallowance of license fee?
(ii) Whether in the facts and circumstances of the case and law, Hon'ble ITAT is correct in reducing the disallowance u/s 14A of the Act to Rs.8,34,934/- from Rs.39,25,411/- made by the Assessing Office in accordance with Rule 8D and according to C
The main legal point established in the judgment is that the rate of depreciation should be determined based on the integral nature of the equipment and that subsidies received as capital receipts sh....
The weight of the evidence and the interpretation of Section 35 of the Income Tax Act influenced the court's decision in upholding the deduction claimed by the respondent.
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