Commissioner Of Income Tax vs M/S Amway India Enterprises on 4 November, 2011
6. We find that the ratio laid down by the Special Bench of the
Tribunal in Amway India Enterprises (supra) has been reversed b y the
Hon'ble Delhi High Court in CIT Vs. Amway India Enterprises (supra).
However the definition of computer has been enlarged to include
computer software w.e.f. 1.4.2003. The old Appendix I applicable for
a s s e s s m e n t ye a r s 2 0 0 3 - 0 4 t o 2 0 0 5 - 0 6 t a b u l a t e s t h e r a t e s o f d e p a r t m e n t
admissible as per Part A-Tangible Assets, Sub head III Machinery and
Plant, Col. (5) provides 60% department to computers including
computer software. Note 7 below the Table defines computer software.