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2015 (10) TMI 925 - ITAT MUMBAIValidity of reopening of the assessment - expenditure incurred by the assessee under the head software charges was of enduring in nature - Held that:- Issuing a notice under section 148 of the Act was not justified. Expenditure incurred on software cannot be held tangible material especially when it was an annual expenditure and said fact was disclosed by the assessee. We find that the assessee had made payment under the head software charges in subsequent years also and the Assessing Officer do not invoke the provisions of section 147/148. If it was a revenue expenditure for the year under appeal, same was for the subsequent years also. In our opinion there was no tangible material to reopen the assessment. Respectfully following the decision of Kelvinator of India Ltd. [2010 (1) TMI 11 - SUPREME COURT OF INDIA] we decide the effective grounds of appeal against the Assessing Officer. In our opinion order of the first appellate authority does not suffer from any legal infirmity, so, upholding it we dismiss the grounds of appeal filed by the Assessing Officer. - Decided in favour of assessee.
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