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2016 (7) TMI 1486 - HC - Income TaxDisallowance of expenses debited as cost of ESOP in profit and loss account - Held that:- In the present case, the ITAT has by the impugned order restored the matter to the file of the AO for re-adjudication. The impugned order of the ITAT is consistent with what has been held by this Court in Commissioner of Income Tax v. Lemon Tree Hotels [2015 (11) TMI 404 - DELHI HIGH COURT]. Consequently, no substantial question of law arises as far as this issue is concerned. Nature of expenses - software expenses - revenue or capital - ITAT accepted it as revenue expenditure - Held that:- The ITAT has in the impugned order placed reliance on the decision of this Court in CIT v. Asahi India Safety Glass Ltd.[2011 (11) TMI 2 - DELHI HIGH COURT]. The Revenue has made a reference to the Special Leave Petition (SLP) filed by the Revenue against the said order [2012 (7) TMI 1075 - SUPREME COURT]. Learned counsel for the Assessee has handed over a copy of the order dismissing the Revenue's SLP filed against the aforementioned judgment. - decided in favour of assessee.
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