9911796707
TMI Blog2016 (7) TMI 1486X X X X Extracts X X X X X X X X Extracts X X X X ..... 3809/2016 (exemption) in ITA 367/2016 1. Allowed subject to all just exemptions. CM APPL No. 23808/2016 (delay) in ITA 366/2016 CM APPL No. 23810/2016 (delay) in ITA 367/2016 2. There is a delay of 592 days in re-filing the appeals. The explanation offered is the standard one regarding the practice directions issued by this Court for e-filing of the appeals. As has already been observed by thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned on merits. 5. These appeals by the Revenue are directed against the common order dated 20th December 2013 in ITA Nos. 852 and 942/Del/2012 for Assessment Year (AY) 2006-07. 6. The issue in ITA No.366/2016 concerns the disallowance by the Assessing Officer (AO) of the expenses incurred by the Assessee on account of the Employees Stock Option Plan ('ESOP'). The ITAT reversed the AO and deleted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red the matter to the file of the AO for re-adjudication. The impugned order of the ITAT is consistent with what has been held by this Court in Commissioner of Income Tax v. Lemon Tree Hotels (supra). Consequently, no substantial question of law arises as far as this issue is concerned. 9. The second issue which pertains to ITA No.367/2016 is whether the software expenses are required to be treat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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