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2010 (10) TMI 689 - ITAT, MUMBAIDisallowance -software maintenance - the issue relating to the treatment of expenditure of Rs.17,62,000/- incurred by the assessee towards software expenditure has to go back to the file of the Assessing Officer for fresh adjudication in the light of the decision of the Special Bench of the Tribunal in the case of Amway Enterprises (2008 -TMI - 64346 - ITAT DELHI-C). Accordingly, this issue is restored to the file of the Assessing Officer for fresh adjudication in accordance with law and after giving due opportunity of being heard to the assessee. interest charged u/s 234C - tax can be levied on income which has been received by the assessee or accrued to it. Tax cannot be levied on an assessee on the ground that other person would have paid to bank higher rate of interest. By saving of income by a third party, the assessee, in our opinion, cannot be liable to pay tax. In this view of the matter and in view of acceptance of the order of the CIT(A) by the revenue on this issue in the preceding year, the order of the CIT(A) on this issue is upheld - the appeal filed by the revenue is partly allowed for statistical purpose.
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