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2017 (5) TMI 297 - AT - Income TaxDisallowance of software expenses - capital expenditure OR revenue expenditure - Held that:- CIT(A) has held that expenditure on software for billet heater programming was of capital nature since it resulted into an enduring benefit to the assessee. The Ld. CIT(A) has further reported that life of this kind of software was not less than 2 years and stated that depreciation on the same to be allowed as applicable. We find that assessee failed to disprove the facts as elaborated in the findings of the Ld.CIT(A),therefore we do not find any reason to interfere in the findings of the Ld CIT(A). Disallowance of deduction u/s. 80IA - claim not available to the assessee in respect of COGEN Unit I and and COGEN Unit II as both had generated power for captive use only - Held that:- Respectfully following the Hon’ble Gujarat High Court in the case of Alembic Ltd. [2016 (7) TMI 1239 - GUJARAT HIGH COURT] wherein allowed the claim of the assessee even in respect of electricity generation plant established by the assessee and the income derived from such enterprise of the assessee, it would have to be held that the assessee fully complied with the requirements prescribed under section 80-IA in order to avail the benefits provided therein. Therefore, the contention based on the interpretation of the expression `derived from’ could have no application to the case where the provisions of section 80-IA got attracted. - Decided in favour of assessee
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