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Issues involved: Determination of software expenses as capital or revenue expenditure, Disallowance of international travel and accommodation expenses.
Software Expenses Issue: The appeal was filed by the Revenue against the order of the Commissioner of Income Tax (Appeals) regarding the treatment of software expenses for the assessment year 2006-07. The Revenue contended that the software expenses should be considered as capital expenditure, while the CIT (Appeals) treated them as revenue expenditure. The AO had disallowed the expenses as capital in nature due to lack of documentary evidence, restricting depreciation to 30% instead of 60%. The CIT (Appeals) held that the expenses were for customization of existing software to meet the company's internal requirements, not resulting in a new asset with enduring benefits. The software was developed in Australia, and the additional expenditure was for upgrading the software for day-to-day business operations. The CIT (Appeals) concluded that the expenses were revenue in nature and allowable as business expenditure, deleting the addition made by the AO. The ITAT Mumbai upheld the order of the CIT (Appeals) after considering the arguments presented by the assessee. The ITAT found no infirmity in the CIT (Appeals) order, noting that the expenses were for application software, not system software. The ITAT agreed that no enduring benefit was obtained from the expenses, as they were incurred for customization and upgradation of existing software for business operations. Therefore, the ITAT dismissed the grounds raised by the Revenue. International Travel Expenses Issue: The Revenue challenged the deletion of disallowance of international travel and accommodation expenses by the CIT (Appeals). The AO had disallowed the expenses due to lack of evidence supporting the business purpose of the trips abroad. The CIT (Appeals) deleted the additions after considering the explanations provided by the assessee. The CIT (Appeals) noted that the company was a subsidiary of a Mauritius-based parent company with foreign directors in Australia. The expenses for international travel were justified for business purposes, including meetings in Australia and Singapore, and business expansion plans in Malaysia. The CIT (Appeals) found the expenses to be allowable as revenue expenditure, deleting the disallowance made by the AO. The ITAT Mumbai upheld the order of the CIT (Appeals) after considering the submissions made by the assessee. The ITAT found no infirmity in the CIT (Appeals) order, as the expenses were explained to be for business needs and duly supported with necessary documentation. The ITAT agreed that the expenses were incurred for business purposes, including meetings and business expansion plans, and therefore, upheld the deletion of the disallowance made by the AO. In conclusion, the ITAT Mumbai dismissed the appeal filed by the Revenue, upholding the orders of the CIT (Appeals) regarding both the software expenses and international travel expenses issues.
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