TOSHNIWAL INSTRUMENTS (MADRAS) PVT LTD.,CHENNAI vs. ACIT CORPORATE CIRCLE 3(1), CHENNAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that a license to use computer software falls under the definition of computer software for depreciation purposes. Therefore, the assessee was eligible for depreciation at 60%.
What were the facts?
The assessee claimed depreciation at 60% on computer software acquired for its business. The lower authorities restricted the depreciation to 25%, treating the license as an intangible asset.
What were the issues?
Whether a license to use computer software qualifies for depreciation at 60% as computer software.
Which sections of the Income-tax Act were involved?
Income Tax Rules, 1962, New Appendix I, Item No. (5)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘C’ BENCH : CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI ABRAHAM P. GEORGE]
आदेश / O R D E R
PER ABRAHAM P. GEORGE, ACCOUNTANT MEMBER
In this appeal filed by the assessee, which is directed against an order dated 01.12.2017 of ld. Commissioner of Income Tax (Appeals)-11, Chennai, it is aggrieved that ld. Commissioner of Income Tax (Appeals) confirmed disallowance of claim of depreciation @60% on computer software worth �13,71,600/- acquired by the assessee.
Ld. Counsel for the assessee submitted that assessee had purchased a license to use software called Microsoft Dynamics- Ax 2009. As per the ld. Authorised Representative, assessee was manufacturer of vacuum pumps and gas flow meters and such software for the purpose of its business. Contention of the ld. Authorised Representative was that assessee had acquired only a license from Microsoft for using such software. As per the ld. Authorised Representative, assessee though it was eligible to claim expenditure of �13,71,600/- incurred for acquiring the license as a revenue outgo, had treated it as computer and claimed depreciation @60%. Submission was that lower authorities fell in error in restricting depreciation to 25% deeming the license to be only an intangible asset.
Per contra, ld. Departmental Representative strongly 3.
supported the orders of the lower authorities. According to him, a license to use a software could not be bracketed alongwith computer for claiming depreciation at the rate of 60%.
We have considered the rival contentions and perused the orders of the authorities below. Rates on which depreciation is admissible on different assets is given in New Appendix I of the Income Tax Rules, 1962. Item No. (5) of this table gives the eligible rate of depreciation for ‘’computer including computer software’’ at 60%. Note 7 given under the said appendix defines computer software as a computer program recorded on any disc, tape, perforated media or other information storage device. Assessee here had claimed depreciation on the license to use the Microsoft software called Microsoft Dynamics- Ax 2009 considering it as a computer software, coming within the above definition. There can be no dispute that even if it was only a license it still was computer program recorded on an information storage device. In our opinion, assessee was eligible for depreciation @60%. We set aside the orders of the lower authorities and direct the ld. Assessing Officer to allow depreciation @60% on 13,71,600/-, being the cost incurred for purchasing Microsoft Dynamics- Ax 2009.
In the result, the appeal of the assessee stands allowed. 5.
Order pronounced on Wednesday, the 1st day of August, 2018, at Chennai.
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