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2019 (1) TMI 464 - AT - Income TaxDepreciation on POS Terminals - depreciation claimed by assessee company at a higher rate of 60% - Classification of computer peripherals and accessories for the purpose of depreciation - Held that:- We find the Hon’ble Delhi High Court in the case of Pr. CIT Vs. Connaught Plaza Restaurant [2016 (9) TMI 1485 - DELHI HIGH COURT] has considered the issue i.e. Higher rate of depreciation on POS TERMINALS and has upheld the decision of the Tribunal where it has been held that assessee is entitled to depreciation @ 60% on POS TERMINALS. - Decided against revenue Expenditure on account of legal, professional and consultancy expenses - business expenditure OR expenses incurred in the nature of capital expenditure - Held that:- We find the Hon’ble Delhi High Court in the case of CIT Vs. ACL Wireless Ltd. [2013 (12) TMI 1160 - DELHI HIGH COURT] has held that expenditure incurred in ordinary courses of business on upgradation, improvement, removal of glitches of existing or already developed software to improve its product is to be treated as revenue expenditure. Also in the case of Oriental Bank of Commerce Vs. Additional CIT reported [2018 (4) TMI 1534 - DELHI HIGH COURT] has held that expenditure incurred by assessee on acquiring licenses to use software which did not confer any enduring benefit on assessee was to be allowed as deduction u/s 37 (1). Since the Ld. CIT (A) in the instant case has given a finding that the expenditure is recurring in nature and not a onetime expenditure, therefore, in absence of any contrary material brought to our notice on this factual finding, the order of the CIT(A) on this issue is justified - decided against revenue
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