TMI Blog2012 (10) TMI 663X X X X Extracts X X X X X X X X Extracts X X X X ..... s an expense incurred by the assessee which satisfies the test of being a "licence" or "any other business or commercial right of similar nature" in terms of Section 32(1)(ii). - Tribunal was right in holding that depreciation was allowable on the cost of the membership card under Section 32(1)(ii) of the 1961 Act. - 206 of 2012 - - - Dated:- 3-4-2012 - CHANDRACHUD D. Y. DR., DHANUKA R. D., JJ. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was right in law in setting aside the order of the Commissioner of Income-tax (Appeals) on the issue of the claim of the assessee for software expenses and remitting the matter back to the file of the Assessing Officer to decide the issue afresh in the light of the decision of the Special Bench in the case of Amway India Enterprises v. Deputy CIT [2008] 301 ITR (AT) 1 (Delhi) ; [2008] 111 ITD 112 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore this court in CIT v. Kotak Securities Ltd. [2012] 340 ITR 333 (Bom). In the judgment of this court dated October 21, 2011, the court noted that of the six questions of law raised by the Revenue in the appeal, the Revenue did not press the first five questions on the ground that they were covered against the Revenue by a decision of the Supreme Court in Techno Shares and Stocks Ltd. v. CIT [2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal in the case of Amway India Enterprises v. Deputy CIT [2008] 301 ITR (AT) 1 (Delhi) ; 111 ITD 112 (Delhi) [SB]. The Tribunal accordingly restored the issue to the file of the Assessing Officer. No question of law, much less a substantial question of law, will arise. The court has also been informed by counsel that in the appeal which arose from the decision of the Special Bench, the Delhi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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