MIDCO LTD, MUMBAI V. JCIT (OSD) 2(2), MUMBAI

ITA 2926/MUM/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 93314 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 27-07-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 16-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Revenue expenditure
• Section: 143(3)

Judgement Text

ITA NO.2926 & 3014/MUM/2013 , MIDCO LTD. 5 THE CASE OF ASSESSEE ITSELF FOR A.Y. 2008-09 (ITA NO.977/MUM/2012), THE TRIBUNAL HELD THAT SOFTWARE/D ESIGN CHARGES ARE REVENUE EXPENDITURE. IT IS ALSO NOTED IN THE AFORESAID ORDER OF THE TRIBUNAL THAT FOR EARLIER AS SESSMENT YEAR, WHICH WAS PASSED U/S 143(3) OF THE ACT, THE A SSESSING OFFICER ACCEPTED THE SOFTWARE DESIGN CHARGES AND NO DISALLOWANCE WAS MADE. EVEN, BEFORE US, IT WAS NOT EXPLAINED BY THE REVENUE THAT THE FACTS/ISSUE, IN THE PRESENT APPEAL, IS NOT DIFFERENT FROM EARLIER ASSESSMENT YEAR, THUS, F OR THE SAKE OF CONSISTENCY ALSO, WE FIND NO INFIRMITY IN THE OR DER OF THE LD. COMMISSIONER OF INCOME TAX (APPEALS), THUS, HIS STA ND IS AFFIRMED. FINALLY, THE APPEAL OF THE ASSESSEE (ITA NO.2926/MUM/2013) IS DISMISSED AS WITHDRAWN, WHEREA S, THE APPEAL OF THE REVENUE (ITA NO.3014/MUM/2013) IS DIS MISSED. THIS ORDER WAS PRONOUNCED IN THE OPEN COURT IN TH E PRESENCE OF LD. REPRESENTATIVE OF BOTH SIDES, AT TH E CONCLUSION OF HEARING ON 27/07/2015 . SD/- SD/- ( SANJAY ARORA ) (JOGINDER SINGH) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; DATED : 27/08/2015 F{X~{T? P.S/. .. / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT, MUMBAI. 4. / CIT(A)- , MUMBAI