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The Commissioner of Income Tax-8. Mumbai Versus M/s. Aventis Pharma Ltd.

2015 (6) TMI 141 - BOMBAY HIGH COURT

Software expenses - revenue v/s capital expenditure - ITAT holding software expenses as revenue in nature - Held that:- Tribunal notes that the facts and circumstances in the previous assessment year and the assessment year in question are identical. There is absolutely no distinction pointed out by the departmental representative. Rather the departmental representative has conceded that the issue was covered in favour of the assesse. Merely because the revenue effect or the tax amount is found .....

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o. Ltd. V/s. DCIT reported in [2010 (8) TMI 77 - BOMBAY HIGH COURT] - Decided against revenue - INCOME TAX APPEAL NO.1462 OF 2013 - Dated:- 22-4-2015 - S.C.DHARMADHIKARI AND A.K. MENON, JJ. For The Appellant : Mr.Arvind Pinto For The Respondent : Mr.Sanjiv Shah P.C. 1. This appeal of the revenue is directed against the order of the Income Tax Appellate Tribunal, Mumbai Bench. 2. The Tribunal was concerned with two appeals Income Tax Appeal No.4180/Mum/2003 for assessment year 1999-2000 which i .....

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Delhi High Court in the cases of CIT V/s. Amway India Enterprises (2012) (346 ITR 341) and Asahi India Safety Glass Limited (2012) (346 ITR 329) without appreciating the fact that the decisions relied upon are distinguishable from the facts of the instant case ? b) Whether on the facts and circumstances of the case and in law, the ITAT was justified in deleting the addition of ₹ 33,30,203/- on account of software expenses without appreciating the fact that the expenditure incurred by the a .....

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lly and exclusively for its business purpose and only no interest bearing funds were utilized for the impugned investments ? d) Whether on the facts and circumstances of the case and in law, the ITAT was justified in deleting the disallowance made under section 14A of the Act without appreciating the decision of the ITAT Delhi B Special Bench in the case of Cheminvest Limited V/s. ITO (2009) 124 TTJ (Del) (SB) 577 and the decision of the jurisdictional High Court in the case of Godrej & Boyc .....

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The assessee desired complete relief and not getting the same had urged that the questions (1) & (2) raised the issue which is fully covered by the Tribunal's order in its own case for the assessment year 1995-96 in Income Tax Appeal No.70/Mum/2001. There is further reliance placed on the judgment of the High Court of Delhi. That reliance is noted in para 2.3.1 of the Tribunal's order. Equally, the Tribunal notes that the facts and circumstances in the previous assessment year and t .....

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