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2016 (3) TMI 1320

hich has been accepted by the CIT(A) as well as the ITAT, that the aforementioned expenditure did not result in a capital asset of an enduring nature. Both the CIT (A) and the ITAT accepted that the expenditure was incurred only to update the website to keep pace with the development in technology, therefore, is not of a permanent character. There are no details unearthed by the AO to support the .....

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t is not, therefore, persuaded to interfere with that fact. - ITA 178/2016, ITA 188/2016 - 14-3-2016 - JUSTICE S.MURALIDHAR AND JUSTICE VIBHU BAKHRU For the Appellant : Mr Dileep Shivpuri, Senior Standing Counsel and Mr Sanjay Kumar, Advocate. For the Respondent: Mr Gautam Jain and Mr Piyush Kumar, Advocates. O R D E R CM No.7762/2016 in ITA 178/2016 1. Allowed, subject to all just exceptions. .....

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missioner of Income Tax [ CIT(A) ] held as revenue expenditure and was concurred with by the ITAT. 7. Having heard the submission of Mr. Shivpuri, learned Senior Standing Counsel for the Revenue, the Court observes that the Assessee had offered a satisfactory explanation, which has been accepted by the CIT(A) as well as the ITAT, that the aforementioned expenditure did not result in a capital asse .....

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he AO has in his order not made any reference to such break-up. Here again, the Assessee s explanation that this was an expenditure incurred for upgrading the computer hardware, incurred to keep pace with the changing technology and, therefore, did not result in an asset of an enduring nature has been accepted both by the CIT(A) as well as the ITAT. The Court is not, therefore, persuaded to interf .....

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