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TMI Blog2018 (11) TMI 1632X X X X Extracts X X X X X X X X Extracts X X X X ..... ther the classification of income under the head Revenue expenditure or Capital expenditure could be decided by the Assessing Officer or by the Audit Wing of the Department? - HELD THAT:- Classification of expenditure has to be decided only by the AO. At the best, the wrong classification can be brought to the notice of the AO by the Audit Wing of the Department. In this case, when the Audit W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2016) - - - Dated:- 2-11-2018 - SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER For the Petitioner : Shri AR.V. Sreenivasan, JCIT For the Respondent : Shri Ashit Agrawal, CA ORDER PER N.R.S. GANESAN, JUDICIAL MEMBER: The Revenue has filed the present Miscellaneous Petition praying for recall of order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, according to the Ld. D.R., there is an additional demand of ₹ 9,06,767/-, hence, the appeal has to be decided on merit. 3. We heard Shri Ashit Agrawal, the Ld. representative for the assessee also. The assessee admittedly claimed ₹ 16,16,000/- during the year under consideration towards software licence fee and claimed the same as revenue expenditure. In fact, the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt found that it has to be classified as capital expenditure, the Assessing Officer reiterated his view by way of a reply to the Audit Wing of the Department. Since the Audit Wing has not accepted the reply filed by the assessee, the Assessing Officer reopened the assessment by issuing notice under Section 148 of the Income-tax Act, 1961 (in short 'the Act'). Therefore, the Commissioner di ..... X X X X Extracts X X X X X X X X Extracts X X X X
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