- Section 40(a)(i) and (ia) provides for disallowance only in respect of expenditure, which is revenue in nature and therefore, provision does not apply to a case of assessee whose claim is for depreciation, which is not in nature of expenditure but an allowance. Depreciation is not an outgoing expenditure and, therefore, provisions of section 40(a)(i) and (ia) are not applicable - Vide Decision of High court of Karnataka in Principal Commissioner of Income Tax Vs. Tally Solutions (P.) Ltd.
<!-- wp:paragraph --> <p>Facts of the case:</p> <!-- /wp:paragraph --> <!-- wp:list {"ordered":true} --> <ol><li>The Assessee is engaged in business of software development and sale of software product licence, software maintenance and training in software.</li><li>The assessee filed the return of income for the Assessment Year 2009-10 after claiming brought forward losses and declared its income as XNIL'. The return of income was processed on 30-10-2010 and the case was selected for scrutiny and notices under section 143(2) and Section 142(1) of the Act were issued. </li><li>The Assessing Of.....