reference to the business
of export (out of India) of computer software, including by way of transmission as well as
toward providing technical services ... business under reference having
been itself defined as that of computer software (including the provision of technical
services in relation to its production where
including computer software 60%
(see Note 7 below Table) ".
Note 7 states that the computer software means any computer
programme ... business cannot be included as part of computers and since there
is no specific item of computer software in the depreciation
schedule
respect
of computers @ 60%, but in the notes under
column 4, it has been mentioned that computers
includes printers, modem & other accessories ... depreciation @ 60% in respect of
computers the meaning of computer is "computers
including computer software", further computer
software
provider for research and development in
various fields of engineering (including computer software) as
enumerated in the agreements between the assessee and its
associated ... business of research and development in various fields of
engineering including the computer software. The outcome of the
research and development conducted
preceding year, disallowed
the total expenses towards purchase of computer software amounting to
Rs.1,96,03,928 and considered the same as capital ... Page 4 of 9
that as per the amendment, computer including computer software were
included in the block of assets on which
software including
services for development of the software outside India shall be
deemed to be the profits and gains derived from the export of
computer ... profits and gains
derived from the on site development of computer software
including services for development of the software outside
India shall be deemed
Revenue is that
ld. CIT(Appeals) directed allowance of depreciation on software at the
rate of 60%. As per the Revenue, for preceding assessment year ... depreciation mentioned at III(5) is 60% for computers including
computer software. Notes to the said Appendix at Sl.No.7 states that
development of computer software which was
also a part of the requirement of the assessee in development of
software as per the requirements ... assessee
comes under the definition of on site development of computer
software including services for development of software outside
India as provided in Explanation
India Enterprises (supra).
However the definition of computer has been enlarged to include
computer software w.e.f. 1.4.2003. The old Appendix ... Machinery and
Plant, Col. (5) provides 60% department to computers including
computer software. Note 7 below the Table defines computer software
information includes and has always included transfer of all or any right for use or right to use a computer software (including granting ... residential accommodation, including accommodation in the nature of a guest-house; (iii) any office appliances including computers or computer software; (iv) any vehicle
