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10. Next issue raised in Ground No.5 relates to the deletion by the learned CIT(A) of the addition of Rs.3,55,446/- made by the Assessing Officer on account of excess depreciation allegedly claimed by the assessee on computer software.

10.1 As per the depreciation chart, the assessee-company had claimed depreciation @ 60% on computer software. In this regard, reliance was placed by the assessee-company on New Appendix-I to the Income-Tax Rules, 1962, wherein the rate of depreciation for computer including computer software was prescribed at 60% and the "computer software" was defined to mean any computer program recorded on any disc, tape, perforated media or other information storage device. The Assessing ITA Nos.1470, 1792 & 2045/Ahd/2018 (D) Assessee : Adani Petronet (Dahej) Port Ltd.

"7.3 I have carefully considered the Assessment Order and the submissions made by the Appellant. The Assessing Officer has observed that Appellant has claimed depreciation on computer software @ 60%. He observed that license to run software and computer software is an intangible asset and hence depreciation u/s 32 of the Act is allowable @ 25% and thus he disallowed excess claim of depreciation of Rs.3,55,446/-. On the other hand, the Appellant argued that Appendix-I of the Income Tax Rules,1962 expressly provided for depreciation @ 60% on Computer including Computer Software and thus it has correctly claimed depreciation @ 60%. The Appellant argued that there is a specific provision in law which provides that depreciation on computer software is to be allowed @ 60% and hence general provisions cannot be made applicable in the present case. During the course of appellate proceedings the Appellant has relied upon following judicial pronouncements: