2013 (12) TMI 309

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..... basis of ascertained liabilities, while others are not - The Tribunal on the basis of the results of its examination of the facts allowed the provisions made to the extent they were ascertained in nature and disallowed those which were made on the basis of the estimates - Decided against Revenue. Software development expenses - Held that:- The expenses were in the nature of software maintenance .....

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..... sessing Officer disallowed the claim of provisions made aggregating to Rs. 5.61 crores in respect of contracts on the ground that they were not ascertained liabilities. The Commissioner of Income-tax (Appeals) upheld the order of the Assessing Officer. On further appeal, the Tribunal on examining each of the contract entered into between the respondent-assessee and its clients has recorded a findi .....

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..... e Tribunal concluded that these expenses cannot result in any benefit of enduring nature so as to be called capital expenses as contended by the Revenue. In these circumstances, the aforesaid expenses were allowed as revenue expenditure. As the finding of the Tribunal is based on finding of fact, we see no reason to entertain question (b) as proposed. Accordingly, the appeal is dismissed with no .....

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