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TMI Blog2025 (3) TMI 1115X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is allowed. Translation expenses for software development - This claim of the assessee has been denied by AO treating it to be a capital expenditure - HELD THAT:- We observe that the assessee in the business of providing solutions for enterprise application language localization across all industry verticals for which the assessee requires experts who can translate various words into the customers specified language. The translation expenses is specific to each sale as the dictionary prepared for one customer once is hardly of any use in any other sale. We also observe that no new asset came into existence and the expenditure is customer specific and has no enduring benefit. Further, the intention of the expenditure is to facilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in software development business. Return for assessment year 2014-15 furnished on 29.11.2014 declaring income of Rs. 8, 74, 700/-. The case selected for scrutiny through CASS followed by validly serving notices u/s 143(2) and 142(1) of the Act. Information called for by Ld. Assessing Officer was duly supplied and the assessment was completed assessing income of Rs. 30, 64, 753/- after making following additions/disallowances :- (i) Disallowance of professional fees for patent drafting at Rs. 15, 69, 849/-. (ii) Disallowance of translation expenses for software development at Rs. 5, 17, 630/-. (iii) Disallowance u/s 14A of the Act at Rs. 1, 02, 574/-. 3. Aggrieved assessee preferred an appeal before Ld. CIT(A) furnishing details/writt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. Ledger Account of patent, copyright and trademark expenses is placed at page no.70 to 71. Ledger Account of expenditure towards professional charges incurred for the professional services mainly includes the amount charged by M/s Evalue Serve against the invoices raised for patent drafting, docketing attorney and USPTO charges. Undisputedly, the patent for which the alleged expenditure was incurred has not been registered till date. It has been stated before us by Ld. Counsel for the assessee that the assessee has followed Accounting Standard 26 and since the patent for which the expenditure was incurred has not been capitalized in the financial statement considering the nonsatisfaction of recognition and measurement criteria, the allege ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... efore, since the alleged expenditure towards translation expenses for software development has been incurred in the regular course of business for the year under consideration, the same is hereby treated as 'revenue expenditure' and the claim made by the assessee deserves to be allowed. Finding of Ld. CIT(A) is reversed and ground no.3 of the assessee is allowed. 11. Ground no.4 relates to disallowance u/s 14A of the Act. Though the assessee has claimed that Ld. Assessing Officer has not made proper satisfaction, we however considering the fact that the assessee had earned dividend income from mutual funds investments only at Rs. 1210/- therefore, in light of the decisions of the Co-ordinate Bench of Delhi Tribunal in the case of Joint Inv ..... X X X X Extracts X X X X X X X X Extracts X X X X
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