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2020 (7) TMI 102 - ITAT DELHIDisallowance of excess depreciation - depreciation on software @60% - HELD THAT:- No infirmity in the order of the ld CIT (A) in upholding that depreciation on software is allowable @60%. However, for working out actual block of asset on which depreciation is to be allowed, he directed the ld AO to verify the same. We find no infirmity in the decision the ld CIT (A), therefore, ground No. 1 of the appeal is dismissed. Deduction of ESOP expenses - Additional claim before the AO by way of letter and did not made a claim by filing revised return - HELD THAT:- As carefully looking to the claim of the assessee it was found that the assessee has claimed deduction at ₹ 1,79,19,730/- whereas the amount of expenditure pertaining to the FY 2011-12 was only ₹ 10,45,671/-. Balance claim was of earlier years. CIT(A) directed the ld AO to restrict the claim of deduction of ₹ 10,45,671/- only against the claim of the assessee at ₹ 1,79,19,730/-. Further, surprisingly he also directed the ld AO to consider the claim of other earlier years when such claim is made by the appellant. We find that above further direction are not warranted pertaining to earlier years for the reason that ld CIT (A) does not have any power to direct ld AO for allowability of such claim for earlier years. If assessee wishes to claim, there is no fetter on the right of the assessee, but the claim should be in accordance with the law. If assessee makes a claim for deduction of balance expenditure in earlier years, whenever such a claim is made, the ld AO may examine the same and decide the issue on merits in accordance with law. - Decided against revenue.
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