2017 (3) TMI 196

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....CATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE M.R. SHAH) 1.0. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by learned Income Tax Appellate Tribunal, Ahmedabad Bench A passed in ITA No.2631/AHD/2004 dated 27.02.2009 for AY 200101, by which, the learned Tribunal has allowed the said appeal preferred by the assessee, the Revenue has preferred the Tax Appea....

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....akhs towards software expenses as revenue expenditure, the AO while framing the original assessment did not allow the deduction of Rs. 1,59,62,518/which was claimed as business loss / bad debt. The AO did not allow the depreciation claim towards software expenses as revenue expenditure. 2.2. Feeling aggrieved and dissatisfied with the order passed by the learned AO, making addition of Rs. 1,59,....

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....present appeal with the aforesaid question of law. 3.0. We have heard Ms. Bhatt, learned counsel for the Revenue and Shri Monaal Davawala, learned advocate for the assessee. 4.0. Now, so far as question No .A i.e. Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) in deleting the addition of Rs. 1,59,62,518/made on account of disallowance....

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.... the addition of Rs. 1,59,62,518/made on account of disallowance of claim on bad debt / treating loss. Therefore, the said question is held against the revenue and in favour of the assessee. 5.0. Now, so far as question no. B i..e whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the CIT(A) allowing the claim of the assessee for treating software expe....