that only
software that is embedded in the computer and comes along with
computer is eligible for depreciation ... reason that computer and computer software are two
different items of assets. If the Legislature wanted to allow depreciation
following the judicial precedents.
9. Restriction of depreciation on computer software from 60 per cent to
25 per cent
9.1. The learned ACIT ... restricting depreciation claim to a lower rate of 25% as against the Appellant's
claim for depreciation on computer software
previous year and claimed depreciation as under:-
S. Description of Amount % of Amount
No Assets Depreciation
1 Computers &Systems ... action of the AO in
disallowing depreciation on these software tools is upheld.
4.11 As regards Computers and Systems, here
allowing depreciation at 25% has no basis, in view of 60% depreciation
being allowed on computers and computer software ... Schedule to IT Rules, 1962.
'Computers including computer software" are eligible for depreciation @
60 %. As per Note
computer software" is used meaning thereby the computer
software is different from article or things. The AO concluded that
computer ... Further, the AO observed that computers and computer software are
depreciated at higher rates than plant and machinery, which suggests
that
computer software" is used meaning thereby the computer
software is different from article or things. The AO concluded that
computer ... Further, the AO observed that computers and computer software are
depreciated at higher rates than plant and machinery, which suggests
that
rate specified for the block computers including computer
software.
40. The Ld.AO restricted the depreciation on software purchased ... 2013
wherein computer software was also included along with
computers eligible for depreciation at 60%.
The Ld.AR also submitted that
depreciation on computer software for the reason that the assessee has not
deducted tax at source on computer software and held that ... made towards depreciation
on computer software on the ground that no TDS was deducted on the
payments made towards computer software
depreciation on computer software for the reason that the assessee has not
deducted tax at source on computer software and held that ... made towards depreciation
on computer software on the ground that no TDS was deducted on the
payments made towards computer software
computers including computer software. Note-7 states that
computer software means any computer programme
recorded ... Appendix I, which
states that computers including computer software are
entitled to depreciation at 60%. Note 7 of the Appendix
defines
