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3. Depreciation on computer software to be * Depreciation schedule *In Point No.9 of the
restricted to 25 percent as against 60 as per Form No.3CD notice under Section
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S.No. Reason Provided Materials/evidence Manner in which the
relied on as evident issue was dealt with
from the letter dated 28th during the assessment
August, 2015 proceedings under
Section 143(3) of the
Act
percent claimed by the Assessee. (Schedule II) wherein the 142(1) dated 15 January
(Point 4 of the letter dated 28 August Assessee has claimed 2014 the Assessee was
2015). depreciation at the rate of asked to furnish details
60 per cent on Computer of assets in the nature of
software. 'UPS-Battery' included
under the block
'Computers'.
8. The question would be as to whether the
software application, which was acquired by the
assessee would fall under Entry 5 of Part A of New
Appendix I, which states that computers including
computer software are entitled to depreciation at
60%. Note 7 of the Appendix defines the expression
'computer software' to mean any programs recorded
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on CD or disc, tape, perforated media or other
information storage devices.
According to Entry III(5) of Part A of the New Appendix I to the
Income Tax Rules, computer including computer software are eligible for
depreciation at the rate of 60% of the written down value. In the note below
the table, 'computer software' has been explained to mean any computer
program recorded on any disc, tape, perforated media or other information
storage device. In the case of the Assessee, verification of the details of
software purchases revealed that the additions to the software description
represented only software licenses acquired by the company. In the books of
accounts maintained, for the purpose of depreciation, the Assessee has
classified the software purchased as 'intangible asses'.