2012 (10) TMI 663 - HC - Income Tax

Whether depreciation on the stock exchange membership card purchased by the assessee allowed when under the provisions of section 32 of the Income-tax Act depreciation on such an intangible asset is available if the asset is acquired on or after April 1 1998 Held that - It is an expense incurred by the assessee which satisfies the test of being a licence or any other business or commercial right of similar nature in terms of Section 32(1)(ii). - Tribunal was right in holding that depreciation was allowable on the cost of the membership card under Section 32(1)(ii) of the 1961 Act.

Summary

Issues:
1. Depreciation on stock exchange membership card acquired before 1998.
2. Claim of software expenses and remand to Assessing Officer.
3. Treatment of bad debt issue in light of Special Bench decision.

Analysis:

Issue 1: Depreciation on stock exchange membership card acquired before 1998
The Revenue challenged the Tribunal's decision allowing depreciation on a stock exchange membership card purchased before 1998. The Tribunal relied on its earlier decision for the assessment year 2005-06, which was upheld by the High Court in a separate case. The High Court noted that the issue had attained finality for the assessment year 2005-06, and since the Revenue had accepted the Tribunal's decision for that year, no substantial question of law arose in this appeal. Therefore, the first issue was dismissed.

Issue 2: Claim of software expenses and remand to Assessing Officer
The Tribunal remanded the issue of software expenses back to the Assessing Officer for fresh consideration in light of a Special Bench decision. The High Court observed that the Delhi High Court had held in a related case that the entire expenditure was allowable as revenue expenditure. As no substantial question of law arose from this issue, the second question was also dismissed.

Issue 3: Treatment of bad debt issue in light of Special Bench decision
Both the Revenue and the assessee agreed that the issue of bad debt was covered in favor of the assessee by a Division Bench decision of the High Court. Since the issue was already settled by a previous court decision, the third question did not raise any substantial question of law. Consequently, the High Court dismissed the appeal, concluding that no substantial question of law was raised in any of the issues presented.

In summary, the High Court dismissed the Revenue's appeal under section 260A of the Income-tax Act, 1961, as it did not find any substantial question of law in the issues raised. The Tribunal's decisions were upheld based on previous court judgments and interpretations of relevant legal provisions.