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Income Tax - Highlights / Catch Notes

Home Highlights August 2017 Year 2017 This

Depreciation on expenditure incurred on the development of ...

Income Tax

August 2, 2017

Depreciation on expenditure incurred on the development of software as well as purchase of software is capital in nature - at the rate of 25% or at the rate of 60% - it is the substance of the matter which should be looked into rather than the form or the nomenclature.

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  1. Assessee is entitled to claim depreciation @ 60% on expenditure incurred in the development of computer software being capital in nature - AT

  2. Capital or Revenue expenses – The number of entries for purchase of software tools is running into 170 - thus, the expenditure incurred by the assessee was revenue in...

  3. Nature of purchase of software - software purchased by assessee for ultimate export either as embedded software or as part of project undertaken by it cannot be...

  4. Software development expenditure which was application software was revenue in nature - deduction allowed u/s 37.

  5. Rate of depreciation on ‘film software library' - the asset which consists of ‘Copyrighted Films and Programmes’ is an ‘Intangible Asset’ eligible for depreciation at...

  6. Disallowance of software expenses - Disallowance is in respect of expenditure claimed towards “repairs - computers-annual maintenance” and “Repairs-computers-others” -...

  7. Software consumable expenses – The expenditure was incurred for application software and not for system software – The software was not of enduring nature and would...

  8. Revenue expenditure versus capital expenditure - expenditure incurred on ERP Software – allowed as revenue expenditure - AT

  9. Nature of expenses – Capital OR Revenue – GPA registration charges - The entire expenditure is completely revenue in nature since it is incurred for carrying out the...

  10. Software expenses - revenue or capital expenditure - real intent and purpose - expenditure incurred by the assessee on software is allowable as revenue expenditure. - AT

 

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