Expenditure on Software and Professional fees cannot disallowed as per the IT Act 1961 only on the ground that it was treated differently in the book

Last updated: 16 November 2011

Court :
HIGH COURT OF DELHI

Brief :
Two appeals had been filed by the revenue, while the third appeal had been filed by the assessee. The revenue had filed appeals for both the assessment years, i.e., 1997-98 and 1998-99, while the assessee had filed an appeal only qua assessment year 1997-98. However, before us the common ground is that the appeals pertained to a singular issue, though the amounts involved differ in each of the captioned assessment years. Therefore, we have framed the following questions of law for assessment years 1996-97 and 1998-99, which, as would be evident, apart from the amounts involved are otherwise identical on the following question... Whether ITAT was correct in law in holding that the expenditure of Rs 1,70,68,811/- incurred by the assessee on account of software and professional expenses was a revenue expenditure

Citation :
COMMISSIONER OF INCOME TAX ...... APPELLANT Vs M/S ASAHI INDIA SAFETY GLASS TD......RESPONDENT