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The Assessing Officer in both the years under consideration, disallowed the web advertisement expenses and the depreciation claimed by the respondent assessee in respect of software purchase, on the ground that the web advertisement expenses were found to be bogus, and that the assessee was not able to establish, during the assessment proceedings, the genuineness of the purchase of software in respect of which the depreciation was claimed, and the assessee was also not able to establish the actual use to which the software, on which depreciation was claimed, was put.The appeal preferred by the assessee before the CIT (A) for the assessment year 2005-06 was allowed, and following the said decision, the CIT (A) allowed the appeal of the assessee for the assessment year 2004-05 as well. From the said two orders of the CIT (A), thetwo appeals arose before the Tribunal at the instance of the Revenue. The Tribunal re-appreciated the evidence on record, in extenso, and reversed the orders passed by the CIT(A) and restored the assessment orders for both the assessment years.

Shanti Prime Publication Pvt. Ltd.

Sec. 37 of Income tax Act, 1961 - Business Expenditure - The AO in both the years under consideration, disallowed the web advertisement expenses and the depreciation claimed by the respondent assessee in respect of software purchase, on the ground that the web advertisement expenses were found to be bogus, and that the assessee was not able to establish, during the assessment proceedings, the genuineness of the purchase of software in respect of which the depreciation was claimed, and the assessee was also not able to establish the actual use to which the software, on which depreciation was claimed, was put. The appeal preferred by the assessee before the CIT (A) for the assessment year 2005-06 was allowed, and following the said decision, the CIT (A) allowed the appeal of the assessee for the assessment year 2004-05 as well. The Tribunal reversed the orders passed by the CIT(A) and restored the assessment orders for both the assessment years. High Court dismissed the appeal of the assessee holding that ”no substantial question of law arises for our consideration in the present appeals“. - FIITJEE LTD. V/s PR. CIT - [2020] 423 ITR 354 (DELHI)

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