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TMI Blog2018 (6) TMI 102X X X X Extracts X X X X X X X X Extracts X X X X ..... e or capital in nature? - Held that:- The consultancy charges were on account of drawings and designs prepared by a particular agency - the drawings and designs could not have been treated as a capital asset and subjected to depreciation. Whether tender deposits made for filing tenders are allowed as deduction u/s 37? - Held that:- As per the discussion in the order it is found as expenditure. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trucks and spares @ 23%, inter alia, as the assessee s name figured in the Volker Commission Report and the payment of commission was not authorised by the U.N. ? ii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal has erred in allowing drawings/ designs software consultancy charges of ₹ 8 lakhs as revenue expenditure overlooking the fact ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was paid commission. The Tribunal found, as a matter of fact, that Md. Ali Samarie of Baghdad was an agent and rendered services to the assessee. As such no question of law is involved in such regard. As to the second question, it is true that computer software is treated as a capital asset and is amenable to depreciation, but consultancy charges in respect of computer software cannot be trea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ded on the issues which were answered in the Tribunal s order impugned in ITA No. 504 of 2007, the questions raised therein are not of such character that require any deliberation or consideration. ITA No. 504 of 2007 and ITAT No. 208 of 2016 are dismissed. The connected stay petition, GA No. 2158 of 2016, is also dismissed. There will be no order as to costs. - - TaxTMI - TMITax - Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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