TMI Blog2016 (7) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 Indi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y) in ITA 367/2016 2. There is a delay of 592 days in re-filing the appeals. The explanation offered is the standard one regarding the practice directions issued by this Court for e-filing of the appeals. As has already been observed by this Court in several orders, the practice directions were issued after consultation with the bar and after giving sufficient time for the bar to get acquainted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment Year (AY) 2006-07. 6. The issue in ITA No.366/2016 concerns the disallowance by the Assessing Officer (AO) of the expenses incurred by the Assessee on account of the Employees Stock Option Plan ( ESOP ). The ITAT reversed the AO and deleted the disallowance in light of the decision of the Special Bench of the ITAT (Bangalore) in Biocon Limited v. DCIT (LTU), Bangalore (2013) 35 taxman ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income Tax v. Lemon Tree Hotels (supra). Consequently, no substantial question of law arises as far as this issue is concerned. 9. The second issue which pertains to ITA No.367/2016 is whether the software expenses are required to be treated as capital expenditure as held by the AO or revenue expenditure as pleaded by the Assessee and accepted by the ITAT? 10. The ITAT has i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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