following the erroneous direction of the DRP in recalculating depreciation
on computer software @ 25% instead of @ 60% as claimed by the
Appellant and thereby disallowed ... computer purchases amounts to
"intangible assets".
2. The Appellant prays that the A.O be directed to allow depreciation @ 60%
on computer software
Adani Petronet( Dahej) Port Pvt. Ltd.,, ... vs The Dy.Commissioner Of Income Tax, ... on 31
computers including the computer software. Further, the claim of the
assessee was that the software was licensed software rather than owned
software and once when ... computer software. The Act itself recognized the distinction
between the computer software perse and the license, wherein the computer
along with computer software is termed
erred in treating the capital expenditure on the
computer software development expenses of Rs.49,02,820/- as
revenue expenditure without appreciating the fact that ... appreciating the fact that the computer software
& peripherals on which the assessee has claimed depreciation &
60% is in actuality an intangible asset
that during the assessment
proceedings Ld. A.O allowed depreciation on computer software
claimed @25% as against 60% claimed by the assessee. Aggrieved
assessee preferred ... Counsel for the assessee stated that the assessee has
claimed depreciation on computer software @60% since software is
26
KIFS Securities Ltd & Khandwala Integrated
computer purchases amounts to "intangible
assets'".
2. The Appellant prays that the AO be directed to allow depreciation
@60% on computer software ... incurred software expenses on up gradation of its existing software
namely MFGPRO, MS-office, etc and claimed depreciation @ 60%
as applicable to computer software
computer
software without appreciating the fact that any computer
software embaded with computer system is an integrated
computer system which is eligible for depreciation ... depreciation for
various assets, including computer and computer software, as
per which software is eligible for higher depreciation at 60%.
The computer software
facts and in the circumstances of the
case, depreciation on computer software is to be allowed
at 25% especially when the amendment laying down ... entry in the Depreciation
Schedule provisions relating to ‘computer’ as there had been no separate
entry in respect of ‘computer software’. This claim
upgrading the computers and for using computers with latest technology and
hence the software was correctly shown under the head computers and
depreciation ... that the AO be directed to treat computer and computer
software under one block namely 'computers' and, after which there will
upgrading the computers and for using computers with latest technology and
hence the software was correctly shown under the head computers and
depreciation ... that the AO be directed to treat computer and computer
software under one block namely 'computers' and, after which there will
