Section 4 in Finance Act, 2012
4. Amendment of section 9.
- In section 9 of
Expenditure on software imports:
21. The learned AO erred in disallowing depreciation of Rs. 57,38,83,507/- on
imported software products used in-house ... depreciation in computing the total income.
23. The learned authorities below erred in proceeding on the basis that
payment for imported software
The Commissioner Of Income Tax vs Regency Creations Ltd. on 17 September, 2012
Author: S
Director Of Income Tax vs M/S Nokia Networks Oy on 7 September, 2012
Author
computers including computer software" indicated
in Appendix-I of the Income Tax Rules providing for depreciation
rates.
Let
this Appeal
cannot be sustained. The AO is therefore directed
to computed the enhanced profits on which eligible deduction ... disallowed claim of the Assessee for depreciation of
Rs.19,46,23,236/- on imported software products used by the Assessee in-house.
The assessee
Sonata Information Technology Ltd, ... vs Assessee on 5 July, 2012
ITA No.1507 of 2012
claim of depreciation on electrical hardware and software license. The
assessee filed detailed chart in respect of depreciation claimed on UPS. The
assessee substantiated ... computer" including computer software". Note 7 to the
table defines computer software as any computer
onwards, on "computer including computer
software" depreciation has to be allowed to the tune of 60%. With the inclusion ... treated the
expenditure on acquiring the computer software as expenditure of capital
nature and rightly allowed depreciation as per rules
amendment rate of depreciation for computers was made to
read "Computers including computer software (See note ... treated as capital expenditure. However, at the same time
computer software depreciation has to be allowed at 60%.
Therefore, we set aside