CIT v. Asahi India Safety Glass Ltd.

346 ITR 329High Court2012#799 most cited

What is CIT v. Asahi India Safety Glass Ltd. authority for?

Expenses incurred for software license purchase, development of miscellaneous software, and maintenance of websites are considered revenue in nature. Such expenses are deductible in the year they are incurred.

129

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2013 to 2026.

Also referred to as

Asahi India Safety Glass Ltd. · 346 ITR 329 · CIT v Asahi · Section 37(1) · revenue expenditure · capital expenditure · software license purchase · software development · website maintenance · business deduction · deductibility of software expenses · computer software expenditure

Also reported as

15 Taxmann.com 382203 Taxmann 277245 CTR 529

Sections most often in play

Section 143(3)Section 36(1)(vii)Section 37(1)Section 14ASection 36(2)Section 80HHCSection 2(47)Section 28(iiid)
Read the full judgment

Issues it is cited on

section 35denduring benefitgoing concernsection 80hhccommercial rightssection 80hhcomputer softwarebenchmarking analysiscup methodsection 35section 92ca(3)intangible assets

Judgments citing CIT v. Asahi India Safety Glass Ltd.

Oracle India Pvt. Ltd vs. Commissioner of Income Tax, Delhi

ITA/417/2009HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle Software India Ltd vs. Commissioner of Income Tax Del

ITA/951/2006HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle India P.Ltd vs. Commissioner of Income Tax Delhi

ITA/683/2009HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle India P.Ltd vs. Commissioner of Income Tax

ITA/287/2008HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle Software India Ltd vs. Commissioner of Income Tax

ITA/390/2007HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle India Pvt. Ltd vs. Commissioner of Income Tax, Delhi

ITA/461/2009HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle Software India Ltd vs. Commissioner of Income Tax Del

ITA/961/2006HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle India Pvt. Ltd vs. Commissioner of Income Tax, Delhi

ITA/447/2009HC Delhi25 Nov 2013

Bench: HON'BLE MR. JUSTICE SANJIV KHANNA,HON'BLE MR. JUSTICE SANJEEV SACHDEVA

…ated as a capital asset. ITA No. 25/2012- connected appeals Pag® 27 of32 29. The view we have taken find support and is in consonance with the view taicen by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incurredwas…

Oracle India Private Limited vs. Commissioner of Income Tax

ITA/25/2012HC Delhi25 Nov 2013

…Page 28 of 32 29. The view we have taken find support and is in consonance with the view taken by the Delhi High Court in Commissioner of Income Tax versus Ashahi India Safety Glass Limited, (2012) 346 ITR 329 (Del) wherein appellant had procured software which was amortised in the books as deferred revenue expenditure but was claimed as a deduction in the income tax income statement. It was observed that the said expenditure along with other expenditures neither created a new asset nor brought forth a new source of income. The expenditure incu…