Bang/2016
Page 3 of 27
assessee; and (ii) depreciation on computer software claimed by the
assessee, for non deduction ... adjustment, while deleting the proposal to disallow depreciation
claimed on computer software. The proposal to disallow provision for rent
came to be upheld
ignoring the facts that only the
computers and computer software are eligible for depreciation
of 60% and the same cannot ... depreciation on computer accessories and
peripherals ignoring the fact that only the computer and computer software are
eligible
software as
revenue expenditure without appreciating the fact that computer software forms
part of computers for the purpose of allowing depreciation ... software as
revenue expenditure without appreciating the fact that computer software forms
part of computers for the purpose of allowing depreciation
allowed.
4.5 Income Tax Act, 1961 allows depreciation on computers and
computer software@ 60% at Note 7 to Part ... Rule 5 of
IT Rules. As per Note 7 computer software means any computer
program recorded on any disc, tape, perforates
Quotations
Data Base. Further, the assessee does not use such software for any software
development activities.
7. Since the definition of "Royalty ... however, allowed depreciation
on computer software at 60% and disallowed a sum of Rs.84,89,691/-.
ITA Nos.1727, 1577/Bang/2017
erred in directing the AO to allow the depreciation
at 60% on computer software instead of at 25% without
appreciating the facts ... erred in directing
the AO to allow the depreciation at 60% on computer software
instead of at 25%, without appreciating the facts
readjudicate the two issues i.e grant of depreciation on the computers @
60% instead of 25% and were not making any disallowance ... made. With regard to the depreciation on computers softwares
etc. it contended that such depreciation is admissible @ 60%. Apart from
explaining the issues
Raksha Jindal vs Central Bureau Of Investigation on 5 March, 2015
Author: Siddharth Mridul
Bench
expenditure for purchase of software claimed as revenue expenditure. The Assessing Officer found that the assessee purchased software and used in the business of leasing ... however, directed the Assessing Officer to allow depreciation on software as forming part of computer and its accessories. Before us, the assessee
Systems service division
7. The software service division is registered as a Software Technology Park Unit with STPI. The software service division is making profits ... thereafter unabsorbed depreciation treated as current years depreciation under Section 32(2) is to be set off. For computing deduction under Section