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2016 (4) TMI 83 - ITAT DELHIDisallowance of depreciation on software purchased by assessee - Held that:- Assessee could not prove the facts that assessee has used these software in the business of the assessee except merely stating that These softwares were installed in the company and all the purchases were duly incorporated in the books of account of the company. Merely such a bald statement coupled with evidence against the assessee does not prove that an asset if at all owned by the assessee is used for the purposes of the business of the assessee. It is strongly submitted by the assessee that Shri Tarun Goyal's statement is not given to the assessee and he was also not cross examined by the assessee. In this case assessee has purchased the software therefore it is responsibility of the assessee to prove that assessee has purchased the assets and which are used for the purposes of the business. Statement of Shri Tarun Goyal is not at all relevant for determining the issue of allowance of depreciation on the assets purchased by the company which assessee has failed miserably to prove . Assessee could not prove the strength of the supplier to provide the software mentioned in the bills, assessee could not produce the details whether it has hardware strength of installing such software . it could not also established giving the softwares to sobha developers, It could not establish how the seven other persons have got right to waive the compensations, It is also not established that what are the compelling reasons for the assessee to waive the compensation of the software destroyed which are not of small value. Therefore we are of the view that statement of Shri Tarun Goyal is not at all relevant for claim of depreciation of the assessee which assessee is required to establish independently. In view of above facts we confirm the finding of CIT (A) in confirming the disallowance of depreciation on software purchased by assessee - Decided against assessee.
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