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TMI Blog2011 (7) TMI 953X X X X Extracts X X X X X X X X Extracts X X X X ..... nue in this appeal, which read thus:- "(a) Whether on the facts and circumstance of the case and in law, the Hon'ble Tribunal was justified in deleting the additions in respect of disallowance of software expenditure to the extent of Rs. 23,62,368 as capital expenditure as software used for the first time will have to be considered as capital in nature? (b) Whether on the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n its order relating to the asst. yr. 2001-02 has allowed expenditure as revenue expenditure by recording thus:- "7. When we apply this functional test suggested by the Special Bench of the Tribunal, we find that impugned software does not form part of the profit-making apparatus of the assessee and hence the same is to be disallowed as revenue expenditure. We hold so because we find that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of Tribunal holding that software expenditure was allowable as revenue expenditure. 4. As regards, the second question is concerned, learned counsel for the parties agree that in view of the judgment in CIT vs. Dresser Rand India (P) Ltd. (2010) 232 CTR (Bom) 52 : (2010) 39 DTR (Bom) 169 : (2010) 323 ITR 429 (Bom) the question be restored to the file of the Tribunal for fresh consid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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