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2013 (8) TMI 381 - GUJARAT HIGH COURTDepreciation on intangible assets - CIT(A) deleted the disallowance - Held that:- CIT (A) on proper examination of evidences and material rightly came to the conclusion that software is intangible asset and was loaded in the system of machine. The learned CIT (A) also rightly held that installation of software could be checked by the technical person whether it was loaded in the system or not. Therefore, the finding in the survey cannot be relied upon. Even the AO has accepted the fact that some of the software were developed locally and installed in the system. The finding of fact recorded by learned CIT (A) find support from the valuation report of assets prepared by Dalai Mott Macdonald which was found in survey which indicated that software developed and installed by the assessee in the system. The assessee produced all the vouchers and receipt for the same which was also examined by learned CIT(A) - Unless perversity is pointed out, no question of law arises for this Court to interfere as both have dealt with the issues elaborately giving sound and cogent reasons - Decided against Revenue. Deduction u/s. 80HHC and 80IA - CIT allowed deduction - Held that:- Such deduction would be available only there was positive income. The Assessing Officer, while framing the assessment, made certain additions and thereby converted the return of the assessee of one of loss into the assessment order computing positive income. Only at that stage, the question of the assessee pressing for the deductions under Sections 80HHC or 80-IA of the Act arose. This would be known and available to the assessee only once the Assessing Officer passes his order. Under the circumstances, the assessee in the appeal before the Commissioner in addition to questioning the validity of the additions themselves, also raised an alternative legal contention of deductions under the said provisions - Commissioner committed no error He only entertained such an contention but remanded ,the proceedings for verification of facts to the Assessing Officer - occasion to press for deduction under the said provision arose only when once the Assessing Officer passed an order of assessment - Decided against Revenue.
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