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2023 Supreme(Kar) 1380

P. S DINESH KUMAR, C. M. POONACHA
Pr. Commissioner of Income Tax CIT (A) – Appellant
Versus
Adadyn Technologies Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Dilip M, Standing Counsel For Sri. Aravind K V., Senior Standing Counsel.
For the Respondent:Sri. Aravind Kamath, Senior Advocate For Sri. Nikit Bala, Advocate.

Table of Content
1. admissibility of appeals (Para 1 , 2 , 3)
2. undisputed facts and expenditure claims (Para 4 , 5)
3. arguments on capital vs revenue expenditure (Para 6 , 7)
4. analysis of the abandoned project (Para 8 , 9)
5. final order of appeals (Para 10)

JUDGMENT :

P.S Dinesh Kumar, J.

These appeals are by the Revenue challenging the order dated 21.08.2020 in ITA Nos.994 & 995/Bang/2019 for the Assessment year 2015-2016 and 2016-17 passed by the ITAT, "B" Bench, Bangalore Income Tax Appellate Tribunal, "B" Bench, Bangalore have been admitted to consider following questions of law:

    1. Whether on the facts and circumstances of the case, the order passed by Tribunal is perverse in nature in holding that assessing authority was not right in making disallowance of expenditure claimed by assessee as salaries and marketing expenditure for development of new software platform without observing that the same is capita! in nature and said expenditure was towards creating of an intangible asset for deriving enduring benefit?

    2. Whether on the facts and in the circumstances of the case, the Tribunal is right in law in holding that expenditure claimed by assesses as salaries and marketing expend

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