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2015 (9) TMI 9 - AT - Income TaxDisallowance of depreciation by invoking the provisions of section 40(a)(i) in respect of the payments made for purchase of software and capitalized by the assessee - Held that:- Once the assessee has capitalized the payment in question though the assessee has not deducted the tax at source on such payment, Section 40(a)(i) cannot be invoked for disallowance of depreciation. Accordingly, we set aside the orders of the authorities below and the addition made by the Assessing Officer is deleted. See SMS Demang (P.) Ltd. V DCIT [2010 (1) TMI 624 - ITAT, DELHI ] - Decided in favour of assessee.
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