TaxTMI 
TaxTMI 
2020 (5) TMI 264
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....i Narendra Kumar J. Jain, Advocate) And: Respondents (By Sri E.I. Sanmathi, Advocate) ORDER Mr. E.I.Sanmathi, learned counsel accepts notice for the respondents. 2. The petitioner is stated to be engaged in the business of providing Engineering Procurement and Construction Management services to Oil and Gas Companies worldwide both onshore and offshore installations. 3. The petitioner has soug....
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.... off as noticed above, the said order is challenged before this Court. 5. The petitioner contends that while considering the application for stay, the Revenue is to consider the notifications which are in the form of Guidelines which are not however exhaustive and discretion is to be exercised by noticing the strength of the case made out challenging the assessment order. 6. The petitioner conte....
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.... Motors Pvt. Ltd reported in (2012) 349 ITR 65 (Karn) wherein, this Court at para-3 of its decision has observed that where the benefits of a software by way of licencing is for limited period, the expenditure incurred for acquisition of such use of software is allowable as revenue expenditure. The reliance is also placed on the decision of this Court in the case of Commissioner of Income-Tax and ....
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.... Guidelines could refer the matter to Principal Commissioner of Income Tax, who is to take appropriate decision. 10. It is to be noticed that as contended by learned counsel for the assessee that the question of treating the software licencing fee payable as revenue expenditure is a matter that has been considered and dealt with by this Court in the two judgments referred to above wherein such ex....