The Commissioner Of Income Tax – 10, Mumbai v. M/S.aarti Industries Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (L) NO.281 OF 2013 The Commissioner of Income Tax – 10, Mumbai..Appellant. Versus M/s.Aarti Industries Limited..Respondent. Mr.Tejveer Singh for the appellant.None for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 25[th] March 2013 P.C. : 1.In this appeal by the Revenue for assessment year 2003-04, following question of law has been proposed for our consideration. “Whether, on the facts and circumstances of the case and in law, the Tribunal was right in holding that expenditure incurred on computer software on account of SAP accounting package is allowable as business expenditure ?” 2.Counsel for the Revenue fairly states that the issue arising herein is covered in favour of the assessee and against the Revenue by order of this Court dated 24[th] January 2013 in Income Tax Appeal (L) No.1285 of 2012 filed by the Revenue in respect of the same respondent – assessee for assessment year 2002-03. For the reasons mentioned in our order dated 24[th ]January 2013 in Income Tax Appeal (L) No.1285 of 2012, we see no reason to entertain the proposed question of law. 3.Accordingly, the appeal is dismissed with no order as to costs. (M.S. Sanklecha, J.) (J.P. Devadhar, J.)