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We find that on the facts of the case as stated in the assessment order,
the AO has correctly held this amount to be capital in nature and has
allowed depreciation thereon. We are of the view that the AO has
correctly treated the software expenditure as capital in nature, as it gave
enduring benefit. It may be noted that from assessment year 2003-04,
'computer software' has been specially included in the depreciation
table, on which depreciation is to be allowed. Hence, this objection of
the assessee is rejected.