2020 (9) TMI 872

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....Tax<br>THE HON&#39;BLE MR. JUSTICE ALOK ARADHE And THE HON&#39;BLE MR. JUSTICE H.T.NARENDRA PRASAD FOR THE APPELLANTS : SRI. K.V. ARAVIND, ADV. FOR THE RESPONDENT : SRI. T. SURYANARAYANA, ADV. JUDGMENT Mr.K.V.Aravind, learned counsel for the revenue. Mr.T.Suryanarayana, learned counsel for the assessee. 2. This appeal under Section 260-A of the Income Tax Act, 1961 (hereinafter refe....

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....3. Whether the Tribunal was correct in holding that the expenditure incurred towards upgradation of personal computers has no enduring benefit hence cannot be treated as capital expenditure? 4. Whether the Tribunal was correct in holding that the expenditure incurred for acquiring MS-OFFICE Software is only a license and no asset is acquired or no benefit of enduring nature for the assess....

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....137 (SC) . The aforesaid fact could not be disputed by the learned counsel for the revenue. For the reasons assigned in the aforesaid judgment, the second substantial question of law framed in this appeal is answered against the revenue and in favour of the assessee. 5. It is also pointed out that the third substantial question of law has already been answered by this Court vide judgment dat....