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2014 (6) TMI 958 - HC - Income TaxDeduction for provision made on account of liability towards contribution to Drug Price Equalization Account (DPEA) - ITAT allowed the claim - Held that:- The Tribunal in the instant case has followed the judgment of the Honourable Supreme Court in the case of Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971 (8) TMI 10 - SUPREME Court]. In view thereof and finding that the Tribunal's order is in consonance with the facts and circumstances of the case, so also, the statutory liability having been created in the year in question and which has no bearing on the pending proceedings initiated by the Assessee or the dispute raised therein that we find that this question cannot be termed as substantial question of law. Deduction u/s 43B on account of non payment of Sales Tax - - ITAT allowed the claim - Held that:- Tribunal has held in favour of the Assessee by observing that the liability in relation thereto was also an issue raised for Assessment Year 1984-1985. . The Revenue surprisingly does not question the common order of the Tribunal for these years. See CIT v. Hindustan Lever Ltd [2014 (4) TMI 1012 - BOMBAY HIGH COURT ]. The question will have to be decided against the Revenue and in favour of the Assessee. Expenses incurred on installation of computer software, expenses on electrical work and expenses on installation of lifts - whether fall within the ambit of revenue expenditure? - Held that:- In relation to this the Tribunal in the impugned order observed that there is room for certain flexibility in the views taken from time to time. The Assessee in such cases installs the computers. This technology is now said to be acceptable in changing world. The rapid advancement of research also contributes a small degree of endurability, but that by itself does not mean that the expenses incurred cannot be revenue in nature. Since technology advancement is an aspect which must be taken judicial note of, so also, machinery becoming obsolete that there is necessity of acquiring further technology. This is to meet the growing competition and considering trends in the market. Therefore, such expenditure will have to be treated as revenue expenditure - Decided in favour of the Assessee.
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