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2021 (3) TMI 714 - AT - Income TaxExcess claim of depreciation on software expenses - Commissioner deleted the addition - HELD THAT:- We find that the issue before us is squarely covered in favour of the assessee by the decision of the Co-ordinate Bench of the Tribunal in assessee's own case [2020 (5) TMI 84 - ITAT DELHI] for the immediate preceding assessment year 2012-13 wherein the Bench declined to interfere with the order of the first appellate authority wherein held the nature of the software acquired were licenses, which do not confer any enduring right and could be used for the duration as acquired for by the licensor. The taxpayer's objective was to use computer software to maximize its performance and streamline efficiency. The Hon'ble Bombay High Court in the case of M/s. I-Flex Solutions Ltd [2014 (3) TMI 1162 - BOMBAY HIGH COURT] held that there is no reason to differentiate the computer and the software as the latter is an integral part of the former. The software cannot be seen in isolation delinked from the computers. The issue of depreciation @ 60% on the software is now a settled issue beyond any perplexity. Hence, we decline to interfere with the order of the ld. CIT(A). Revenue's appeal is dismissed.
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