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Documents citing Additional Commissioner Of Income Tax vs Ge Capital Transportation Financial ... on 24 February, 2006

Dcit, Gurgaon vs M/S. Dlf Projects Ltd., Gurgaon on 27 November, 2018

8.1 Admittedly, the expenses claimed under the head software expense include AMC, consumables and license fee. We are conscious of the fact that the expenses towards AMC, consumables and license fee are regular feature in modern business particularly big organizations like the respondent/ assessee which is obliged to incur these expenses every year. Also, the very nature of these expenses is such that the subscriber/purchaser only gets the 'right to use' for a limited 26 ITA No. 5178/Del/2014 Assessment year 2009-10 period of time and as such it could not be said these expenses provide any benefit of enduring nature. It is also relevant to take note of the fact that no new asset has comes into existence by incurring of such expenses and even the assessing officer has accepted the claim with regard to AMC expenses in AY 2011-12. 8.2 It is our considered view, the finding and reasoning of the Ld. CIT (Appeals) that software expenses are of revenue nature is well founded and in consonance with decision of the Hon'ble Jurisdictional High Court in the case of CIT v. G.E. Capital Services Ltd. reported in [2008] 300 ITR 420 (Del) which has been followed by the Delhi Tribunal in the case of the sister- concern of the respondent/assessee DLF Home Developers Ltd. (supra). Accordingly, we hereby confirm the order of the Ld. CIT (Appeals) and uphold the deletion of disallowance of software expenses. Thus ground no. 4 of the revenue's appeal stands dismissed.
Income Tax Appellate Tribunal - Delhi Cites 21 - Cited by 1 - Full Document

Dlf Projects Ltd., Gurgaon vs Addl. Cit, Gurgaon on 10 December, 2019

8.2 It is our considered view, the finding and reasoning of the Ld. CIT (Appeals) that software expenses are of revenue nature is well founded and in consonance with decision of the Hon'ble Jurisdictional High Court in the case of CIT v. G.E. Capital Services Ltd. reported in [2008] 300 ITR 420 (Del) which has been followed by the Delhi Tribunal in the case of the sister- concern of the respondent/assessee DLF Home Developers Ltd. (supra). Accordingly, we hereby confirm the order of the Ld. CIT (Appeals) and uphold the deletion of disallowance of software expenses. Thus ground no. 4 of the revenue's appeal stands dismissed."
Income Tax Appellate Tribunal - Delhi Cites 18 - Cited by 2 - Full Document

M/S.Muthoot Leasing And Finance Ltd. ... vs The Commissioner Of Income Tax on 3 January, 2023

The registered owner under the MV Act may be liable in case of accidents/traffic challans, etc. But this, in no way, dilutes the right of the appellants – assessees in respect of the title of the property, that is, the vehicle. Any transfer or sale made by the hirer or any violation of the hire-purchase agreement can lead to civil as well as criminal consequences. Given the dictum and ratio in Sahara India Savings and Investment Corporation Limited (supra) and State Bank of Patiala Through General Manager (supra), the view taken by the High Court of Delhi in M/s G.E. Capital Transportation13 (supra), as followed by the High Court of Delhi in Commissioner of Interest Tax v. M/S G.E. Capital Transportation14, is correct and the view taken by the High court of Kerala in the impugned judgment is not in consonance with the above decisions of this court.
Supreme Court of India Cites 27 - Cited by 0 - M M Sundresh - Full Document

Amway India Enterprises vs The Deputy Commissioner Of Income-Tax on 15 February, 2008

In the ease of G.E. Capital Services Ltd. (supra) decided by the Hon'ble Delhi High Court, the finding of fact by the Tribunal was that the expenditure in question was for up gradation and that the software had a very limited life. It was on these facts that the Hon'ble Delhi High Court concurred with the view expressed by the Tribunal that the expenditure was a revenue nature.
Income Tax Appellate Tribunal - Delhi Cites 66 - Cited by 19 - Full Document

Britannia Industries Limited, Kolkata vs Department Of Income Tax on 4 June, 2008

15. Hon'ble Delhi High Court has held in the case of CIT vs. G.E. Capital services Ltd. [300 ITR 420 (Del)] that cost of upgradation of software is a revenue expenditure. In view of the above, there is no infirmity in the order of ld. C.I.T.(A) in deleting the disallowance made by the A.O. on this count. We, therefore, uphold the order of ld. C.I.T.(A) on this issue by rejecting ground No.3 taken by the department.
Income Tax Appellate Tribunal - Kolkata Cites 11 - Cited by 0 - Full Document

Commissioner Of Income Tax vs M/S Asahi India Safety Glass Ltd. on 4 November, 2011

CIT vs Indian Visit.com (P) Ltd. (2009) 176 Taxman 164 (Del); CIT vs GE Capital Services ltd. (2008) 300 ITR 420(Del); CIT vs K & Co. (2003) 181 CTR (Del) 378; CIT vs Sumitomo Corporation India, ITA No. 48/2005 dated 28.07.2005; Khem Singh Sankhla vs ITA 1110/2006 & 1111/2006 Page 9 of 17 UOI & Ors. (2003) 181 CTR 380 (Raj); CIT vs Varinder Agro Chemicals Ltd. (2009) 309 ITR 272 (P&H); CIT vs Southern Roadways Ltd. (2008) 304 ITR 84 (Mad);
Delhi High Court Cites 15 - Cited by 56 - R Shakdher - Full Document
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