TMI Blog2016 (4) TMI 1352X X X X Extracts X X X X X X X X Extracts X X X X ..... Option Plan (ESOP) expenses - disallowance of software expenditure towards licences fees - HELD THAT:- As relying on assessee's own case appeal for fresh adjudication after granting a reasonable opportunity of being heard to the assessee as per the set principles of natural justice. AO is directed to decide the same strictly in the light of the ratio laid down in the said order of the Tribuna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R For the Appellant : Mr. Bhavin Shah Vaibhavi Patel For the respondent : Shri B.C.S. Naik, CIT-DR ORDER PER D. KARUNAKARA RAO, AM: This appeal filed by the assessee on 21.5.2014 is against the order of the CIT (A)-6, Mumbai dated 27.2.2014 for the assessment year 2010-2011. In this appeal, assessee raised the following grounds which read a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that it is a revenue expenditure incurred for the purpose of business being employee compensation cost. 4. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in confirming disallowance of software expenditure towards licences fees amounting to ₹ 4,67,19,838/- without appreciating that it is revenue expenditure. 5. On the facts and i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the same adjudicated by the Tribunal in the assessee s own case vide ITA No.375/M/2012 and others, dated 12.11.2014. 3. After hearing both the parties and on perusal of the said decision of the Tribunal (supra), dated 12.11.2014, we remand all the issues raised in Ground nos. 1 to 4 of the appeal for fresh adjudication after granting a reasonable opportunity of being heard to the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adjudicate this issue in the light of the said judgment of Hon ble High Court (supra) complying with the ratio laid down in the said judgment on the issue under consideration. Accordingly, Ground no.5 raised by the assessee is allowed for statistical purposes. 5. In the result, appeal of the assessee is allowed for statistical purposes. Order pronounced in the open court on 13 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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