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2022 (4) TMI 1590 - AT - Income TaxNature of expenditure - software expenses - AO treated it as capital expenditure - HELD THAT:- Upon hearing the parties, we find that this is a recurring issue since assessment year 2004-05 to 2011-12. In all these years, the Tribunal took a view in favour of the assessee, as has been agreed by the DR. It is also brought to our notice that notice further appeal has been preferred by the Revenue against the decision of the Tribunal. This being the factual matrix, consistent with the earlier decisions of the Tribunal, we uphold the order of the Ld.CIT(A) and reject the ground raised by the Revenue. This ground of appeal of the Revenue fails. Addition of notional interest income in respect of toll road from Madhya Pradesh State Industrial Development Corporation - HELD THAT:- As counsels representing the parties submitted that this issue has been restored to the file of the Assessing Officer for the assessment years 2004-05 to 2011-12. Therefore, consistent with the earlier decisions of the Tribunal for the above assessment years, the issue in ground 2 raised by the Revenue is restored to the file of the Assessing Officer for de novo consideration in line with the directions issued for the assessment years 2004-05 to 2011-12. This ground is treated as allowed for statistical purpose. Disallowance of payments made to clubs - HELD THAT:- Upon hearing the parties, we find that this issue is covered in favour of the assessee by the earlier orders of the Tribunal for the assessment years 2005- 06 to 2011-12. Therefore, consistent with the earlier decisions of the Tribunal for the assessment years 2005-06 to 2011-12, we uphold the order of the CIT(A) on this issue. Depreciation on residential properties - AO held that depreciation claimed in respect of house properties, income from which were chargeable as ‘Income from house property’, was not allowable - HELD THAT:- Upon hearing the parties, we note that this issue has been decided by the Tribunal in favour of the assessee for earlier years, i.e. A.Ys. 2004-05 to 2011-12. There is no change in the facts and circumstances of the issue. Therefore, being consistent with earlier orders of the co-ordinates benches, we allow this ground raised by the assessee. Ground 1 of the appeal is allowed. Depreciation on toll road - HELD THAT:- The issue stands squarely covered by the decision of the Tribunal for the assessment years 2010-11 and 2011-12 [2019 (12) TMI 1499 - ITAT MUMBAI], wherein the “C” Bench of this Tribunal by following the decisions of the Tribunal for assessment years 2008-09 and 2009-10 [2019 (11) TMI 1368 - ITAT MUMBAI] has restored the issue to the file of the Assessing Officer with direction to the Assessing Officer to decide the issue keeping in view the directions of the Tribunal for the A.Ys. 2004-05 to 2007-08. This ground is allowed, for statistical purpose. Disallowance u/s 14A read with rule 8D - HELD THAT:- We restore this issue to the file of the Assessing Officer to follow the directions of the Tribunal for the A. Y. 2004-05 to 2007-08 [2019 (4) TMI 1809 - ITAT MUMBAI] and recompute the disallowance in accordance with the directions therein. We also direct the Assessing Officer to recompute the disallowance keeping in view the decision of the special bench of Delhi in the case of ACIT vs Vireet Investments Private Limited [2017 (6) TMI 1124 - ITAT DELHI]. This ground is allowed for statistical purpose
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