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“depreciation on software”

DepreciationSection 32Section 32120 judgments

The decision most relied on for depreciation on software is Techno Shares and Stocks Ltd. v. CIT (327 ITR 323), cited in 130 judgments on BharatTax.

Leading authorities on depreciation on software

Techno Shares and Stocks Ltd. v. CIT
327 ITR 323 · 2010 · Supreme Court
130
citing judgments

Membership rights and business contracts, as 'business or commercial rights of similar nature' to a license or franchise, qualify as intangible assets eligible for depreciation under Section 32(1)(ii) of the Income-tax Act.

Amway India Enterprises v. DCIT
111 ITD 112 · 2008 · ITAT
127
citing judgments

Depreciation is allowable on computer software, including software licenses, at the rate of 60%.

CIT v. IBM India Ltd.
357 ITR 88 · 2013 · High Court
88
citing judgments

Expenditure on application software, which enhances business efficiency and requires a computer system to function, constitutes revenue expenditure rather than acquisition of a capital asset, even if it provides an enduring benefit.

Hindustan Unilever Ltd. v. DCIT
325 ITR 102 · 2010 · High Court
62
citing judgments

The deduction under Section 10A/10B is a deduction, not an exemption, and must be given effect to at the stage of computing the profits and gains of business. For this purpose, commercial profits mean profits without adjustment of depreciation as per the Income Tax Act.

Kerala Vision Ltd. v. ACIT (
35 Taxmann.com 463 · 2013 · ITAT
52
citing judgments

Transactions carried out on the purchase of off-the-shelf software prior to the jurisdictional High Court's decision in CIT v. Samsung Electronics Co. Ltd. (October 15, 2011) are not liable for Tax Deducted at Source (TDS).

Thiru Arooran Sugar Ltd. v. DCIT
350 ITR 324 · 2013 · High Court
44
citing judgments

A deduction for interest expense on borrowed funds used for interest-free advances to group companies is permissible only if the assessee establishes these advances were from surplus funds. The decision further clarifies eligibility for depreciation on intangible assets like non-compete fees, software, goodwill, and commercial rights under section 32(1)(ii), often arising from a slump sale.

SKOL Breweries Ltd. v. ACIT
29 Taxmann.com 111 · 2013 · ITAT
33
citing judgments

Section 40(a)(i)/(ia) of the Income Tax Act, 1961, pertains to outgoing revenue expenditure and does not apply to capital expenditure, meaning depreciation cannot be disallowed under these provisions for capital expenses, such as software purchases.

CIT v. Computer Age Management Services (P.) Ltd.
109 Taxmann.com 134 · 2019 · High Court
27
citing judgments

Software integrated with a computer system is eligible for the same rate of depreciation as the computer system itself.

Judgments citing depreciation on software

M/S Altisource Business Solutions Private Limited, Bangalore vs. Income Tax Officer Ward-1(1)(1), Bangalore

In the result, the appeal by the assessee is partly allowed

ITA 3368/BANG/2018[2014-15]Status: DisposedITAT Bangalore24 Jun 2022AY 2014-15

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sit(Tp)A No.3368/Bang/2018 Assessment Year : 2014-15 M/S. Altisource Business Solutions Pvt. Ltd., Vs. Ito, Pritech Park, Block Nok.12, 3Rd Floor, 5Th Ward – 1(1)(1), Floor, B-Wing & 4Th Floor, B-Wing, Bengaluru. Bellandur Village, Bengaluru-560 103. Pan : Aaaco 9467 A Appellant Respondent Assessee By : Smt. Rashmi R, Advocate Revenue By : Shri. V. S. Chakrapani, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 21.06.2022 Date Of Pronouncement : 24.06.2022 O R D E R Per N V Vasudevan

For Appellant: Smt. Rashmi R, AdvocateFor Respondent: Shri. V. S. Chakrapani, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92B

held that the software expenses claimed by the assessee was capital expenditure and cannot be allowed as deduction. The revenue authorities however allowed depreciation on software expenses and disallowed the remaining sum. The point for consideration is as to whether the software expenses can be said to be revenue expenditure

M/S Harman Connected Services Corporation India Pvt. Ltd., Bangalore vs. DCIT, Bangalore

In the result, the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 705/BANG/2016[2011-12]Status: DisposedITAT Bangalore23 May 2022AY 2011-12

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(Tp)A No.705/Bang/2016 Assessment Year : 2011-12 Dcit, M/S. Harman Connected Services Vs. Circle – 3(1)(2), Corporation India Private Limited, Bengaluru. (Formerly Known Symphony Teleca Corporation India Private Limited), Plot No.3 & 3A, Eoiz Industrial Area, Sy. No.85 & 86, Sadaramangala Village, Krishnarajapuram Hobli, Bengaluru – 560 066. Pan: Aabcg 5658 E Appellant Respondent Assessee By : Shri. T. Suryanarayana, Advocate Revenue By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 22.02.2022 Date Of Pronouncement : 23.05.2022 O R D E R Per B. R. Baskaran:

For Appellant: Shri. T. Suryanarayana, AdvocateFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 10ASection 143(3)Section 40Section 40A

hence IT(TP)A No.705/Bang/2016 Page 5 of 8 no expenditure was claimed as deduction. The AO noticed that the assessee has claimed depreciation on software amounting to Rs.4.13 Crore. The AO disallowed the same under section 40(a)(ia) of the Act. The Ld DRP also confirmed the same

M/S. Arkema Chemicals India P. Ltd., Navi Mumbai vs. The ACIT-15(1)(1), Mumbai

ITA 1032/MUM/2021[2017-18]Status: DisposedITAT Mumbai22 Apr 2022AY 2017-18

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm M/S Arkema Chemicals India The Asst. Commissioner Of P. Ltd. Income Tax, Circle 15(1)(1), Room No.470, 4Th Floor, D043, (1), Trans Thane Creek, Midc Industrial Areal Aayakar Bhavan, M.K. Road, Vs. Shirvane Village, Navi Mumbai-400 020 Mumbai-400 706 (Appellant) (Respondent) Pan No. Aaacc6482F

For Appellant: Shri Ajay R Singh, ARFor Respondent: Shri Vinod Bhaskaran, Sr. Dr
Section 115JSection 143(3)Section 32

assessee against the order passed by the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre dated 8th April, 2021 confirming disallowance of depreciation on software. 02. The brief fact of the case shows that assessee is a company engaged in the business of manufacturing of fertilizer chemicals and paints ... considering the same as computer or @ 25% as claimed by the learned assessing officer considering the software as intangible asset. The disallowance of depreciation on software ERP SAP is of Rs. 3,84,70,669/-. 04. The fact shows that the during the year assessee has installed ERP SAP software

M/S. Infineon Technologies India Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-3(1)(1), Bengaluru

In the result the appeal filed by assessee stands allowed partly

ITA 2870/BANG/2017[2013-14]Status: DisposedITAT Bangalore31 Mar 2022AY 2013-14

Bench: Shri B. R. Baskaran & Smt. Beena Pillaiit(Tp)A No.2870/Bang/2017 Assessment Year: 2013-14 M/S. Infineon Technologies India Pvt. Ltd. Deputy Commissioner 9Th Floor Prestige Of Income-Tax Thirulakshmi Vs. Circle-3(1)(1) No.11 M.G. Road Bengaluru Bengaluru 560 001 Pan No : Aabcs6967N Appellant Respondent Appellant By : Shri K.R. Vasudevan, A.R. Shri Sumer Singh Meena, Respondent By : D.R. Date Of Hearing : 13.01.2022 Date Of Pronouncement : 31.03.2022 O R D E R Per Beena Pillai: Present Appeal Is Filed By Assessee Against The Order Dated 16/10/2017 Passed By The Ld.Dcit Under Section 143(3) R.W. Section 144C(13) For Assessment Year 2013-14 On Following Grounds Of Appeal: “The Grounds Mentioned Hereinafter Are Without Prejudice To One Another.

For Appellant: Shri K.R. Vasudevan, A.R
Section 133(6)Section 143(3)Section 144C(13)Section 40Section 92C

erred in not allowing a deduction for delayed payment of TDS under section 37 of the Income-tax Act, 1961. 16. Disallowance of depreciation on software expenses The Learned AO and the Hon'ble DRP has erred in adding back a sum of Rs. 179,022 as excess depreciation claimed ... addition made on this issue. Accordingly Ground no.15 raised by assessee stands allowed. 39. Ground No.16 is in respect of disallowance of depreciation and software expenses. The Ld.AR submitted that assessee during the year had disallowed ₹ 7,43,893/- as capital expenses debited to profit and loss account

M/S Verifone India Technology Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-7(1)(2), Bangalore

In the result, appeals filed by assessee stands allowed

ITA 3089/BANG/2018[2012-13]Status: DisposedITAT Bangalore25 Mar 2022AY 2012-13

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Income Tax Park, Plot No. 76, 77 & 78, Officer, Doddathogur Village, Ward – 7 (1) (3), Begur Hobli, Bangalore. Bangalore South Taluk, Vs. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent & Assessment Year : 2012-13 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Deputy Park, Plot No. 76, 77 & 78, Commissioner Of Doddathogur Village, Income Tax, Begur Hobli, Circle – 7 (1)(2), Bangalore South Taluk, Vs. Bangalore. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent Assessee By : Shri K.R. Vasudevan, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-02-2022 Date Of Pronouncement : 25-03-2022

For Appellant: Shri K.R. Vasudevan, Advocate
Section 92C

Appellant vis-a-vis the comparable companies. II. Corporate Tax 9. The learned AO/ Hon'ble CIT(A) has erred in disallowing the depreciation of software on the premise that TDS was not deducted on the purchase of software 10. The learned AO/ Hon'ble CIT(A) has erred ... excluded from the list of comparable companies . Accordingly Ground no. 6 & Additional Ground no.6A stands allowed in favour of assessee. 23. Ground No.9: Depreciation on Software cannot be disallowed due to non-deduction of TDS. The Ld.AO disallowed depreciation claimed on the software expenses, which is capitalized by assessee

M/S Verifone India Technology Pvt Ltd, Bangalore vs. Income Tax Officer Ward-7(1)(3), Bangalore

In the result, appeals filed by assessee stands allowed

ITA 3088/BANG/2018[2011-12]Status: DisposedITAT Bangalore25 Mar 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2011-12 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Income Tax Park, Plot No. 76, 77 & 78, Officer, Doddathogur Village, Ward – 7 (1) (3), Begur Hobli, Bangalore. Bangalore South Taluk, Vs. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent & Assessment Year : 2012-13 M/S. Verifone India Technology Pvt. Ltd., A 101, 1St Floor, Cyber The Deputy Park, Plot No. 76, 77 & 78, Commissioner Of Doddathogur Village, Income Tax, Begur Hobli, Circle – 7 (1)(2), Bangalore South Taluk, Vs. Bangalore. Bangalore – 560 100. Pan: Aaccv1683K Appellant Respondent Assessee By : Shri K.R. Vasudevan, Advocate : Shri Priyadarshi Mishra, Addl. Revenue By Cit (Dr) Date Of Hearing : 22-02-2022 Date Of Pronouncement : 25-03-2022

For Appellant: Shri K.R. Vasudevan, Advocate
Section 92C

Appellant vis-a-vis the comparable companies. II. Corporate Tax 9. The learned AO/ Hon'ble CIT(A) has erred in disallowing the depreciation of software on the premise that TDS was not deducted on the purchase of software 10. The learned AO/ Hon'ble CIT(A) has erred ... excluded from the list of comparable companies . Accordingly Ground no. 6 & Additional Ground no.6A stands allowed in favour of assessee. 23. Ground No.9: Depreciation on Software cannot be disallowed due to non-deduction of TDS. The Ld.AO disallowed depreciation claimed on the software expenses, which is capitalized by assessee

Altran Technologies India Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bengaluru

In the result the appeal filed by assessee stands partly allowed

ITA 2904/BANG/2017[2013-14]Status: DisposedITAT Bangalore07 Mar 2022AY 2013-14

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 2904/Bang/2017 Assessment Year : 2013-14 M/S. Altran Technologies India Pvt. Ltd., C/O Ernst & Young Llp, The Deputy Ground & 1St Floor, Commissioner Of Income ‘A’ Wing, Divyasree Chambers, Tax, Vs. #11, O’ Shaughnessy Road, Circle – 1 (1)(1), Langford Gardens, Bangalore. Bangalore – 560 025. Pan: Aaaca7125R Appellant Respondent Assessee By : Shri Nageswar Rao, Advocate Revenue By : Shri Pradeep Kumar, Cit-Dr Date Of Hearing : 27-12-2021 Date Of Pronouncement : 07-03-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 31/10/2017 Passed By The Ld.Dcit, Circle – 1(1)(1), Bangalore For Assessment Year 2013-14 On Following Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Altran Technologies India Private Limited (The 'Appellant') Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer (Hereinafter Referred To As The 'Id. Ao') Under Section 143(3) Read With Section 144C Of The Income-Tax Act, 1961 (The 'Act') Pursuant To The Directions Issued By The Hon'Ble Dispute Resolution Panel (`Drp') On The Following Grounds:

For Appellant: Shri Nageswar Rao, AdvocateFor Respondent: Shri Pradeep Kumar, CIT-DR
Section 133(6)Section 143(3)Section 144C

daft assessment order, he further Page 7 of 22 IT(TP)A No. 2904/Bang/2017 made disallowance of Rs.66,66,090/- being the depreciation on software. Against the draft assessment order, assessee preferred objections before the DRP. The DRP upheld the adjustment proposed by the Ld.TPO in toto. On receipt

Deputy Commissioner of Income Tax Circle-7(1)(1), Bangalore vs. M/S Timken Engineering & Research India Private Limited, Bangalore

In the result, the appeal and cross objection filed by the assessee and the appeal of the revenue are treated as partly allowed for statistical purposes

ITA 694/BANG/2019[2011-12]Status: DisposedITAT Bangalore31 Jan 2022AY 2011-12

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year:2011-12

For Appellant: Sri Aliasghar Rampurawala, A.RFor Respondent: Sri Pradeep Kumar, D.R

Software development services. Besides the same, the revenue has also raised a ground challenging the direction given by Ld CIT(A) to grant depreciation on software purchases. 4. In the cross objection and additional Cross objection, the assessee has raised certain grounds relating to Transfer pricing adjustment. ITA Nos.694 & 517/Bang/2019 ... expenses holding it capital in nature. The revenue is also contesting the decision of Ld. CIT(A) in directing the A.O. to allow depreciation on software purchases. 21. The Ld. A.R. submitted that the issue of software purchases i.e. whether it is capital or revenue in nature requires examination afresh

M/S Timken Engineering and Research India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-5(1)(1), Bangalore

In the result, the appeal and cross objection filed by the assessee and the appeal of the revenue are treated as partly allowed for statistical purposes

ITA 517/BANG/2019[2011-12]Status: DisposedITAT Bangalore31 Jan 2022AY 2011-12

Bench: Shri George George K. & Shri B.R. Baskaranassessment Year:2011-12

For Appellant: Sri Aliasghar Rampurawala, A.RFor Respondent: Sri Pradeep Kumar, D.R

Software development services. Besides the same, the revenue has also raised a ground challenging the direction given by Ld CIT(A) to grant depreciation on software purchases. 4. In the cross objection and additional Cross objection, the assessee has raised certain grounds relating to Transfer pricing adjustment. ITA Nos.694 & 517/Bang/2019 ... expenses holding it capital in nature. The revenue is also contesting the decision of Ld. CIT(A) in directing the A.O. to allow depreciation on software purchases. 21. The Ld. A.R. submitted that the issue of software purchases i.e. whether it is capital or revenue in nature requires examination afresh

Textron India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeal filed by the assessee is treated as allowed

ITA 678/BANG/2016[2011-12]Status: DisposedITAT Bangalore04 Jan 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.678/Bang/2016 Assessment Year: 2011-12

For Appellant: Shri Sumeeth Khurana, A.RFor Respondent: Shri Sumer Singh Meena, D.R (OSD)
Section 10ASection 143(3)Section 40

allowed. The Ld DRP confirmed disallowance of broad band connectivity charges u/s 40(a)(ia) of the Act. In respect of disallowance of depreciation on software purchases u/s 40(a)(i) of the Act for non-deduction of tax at source from the payment made towards purchase of software ... No.594 & 678/Bang/2016 CO No.22/Bang/2017 M/s. Textron India Pvt. Ltd., Bangalore Page 10 of 12 21. The next issue relates to disallowance of depreciation on software capitalized by the assessee. As noticed in earlier paragraphs, the assessee had claimed depreciation on software purchase, which have been capitalized by it. Since

DCIT, Bangalore vs. M/S Textron India Pvt. Ltd., Bangalore

In the result, the appeal filed by the assessee is treated as allowed

ITA 594/BANG/2016[2011-12]Status: DisposedITAT Bangalore04 Jan 2022AY 2011-12

Bench: Shri N.V. Vasudevan & Shri B.R. Baskaranit(Tp)A No.678/Bang/2016 Assessment Year: 2011-12

For Appellant: Shri Sumeeth Khurana, A.RFor Respondent: Shri Sumer Singh Meena, D.R (OSD)
Section 10ASection 143(3)Section 40

allowed. The Ld DRP confirmed disallowance of broad band connectivity charges u/s 40(a)(ia) of the Act. In respect of disallowance of depreciation on software purchases u/s 40(a)(i) of the Act for non-deduction of tax at source from the payment made towards purchase of software ... No.594 & 678/Bang/2016 CO No.22/Bang/2017 M/s. Textron India Pvt. Ltd., Bangalore Page 10 of 12 21. The next issue relates to disallowance of depreciation on software capitalized by the assessee. As noticed in earlier paragraphs, the assessee had claimed depreciation on software purchase, which have been capitalized by it. Since

Hero Moto Corp Ltd., New Delhi vs. Neac, Delhi

ITA 706/DEL/2021[2016-17]Status: DisposedITAT Delhi26 Nov 2021AY 2016-17

Bench: Shri Kul Bharat & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: Shri Ajay Vohra, Sr. AdvocateFor Respondent: Shri Surendra Pal
Section 143(3)Section 144BSection 144CSection 144C(13)Section 145Section 1lSection 80ISection 92C

evidences furnished by the appellant which substantiated that the asset was installed and actually used during the year. Re; Disallowance of excess depreciation on software 19. That the assessing officer erred on facts and in law in disallowing depreciation to the extent of Rs.6,25,17,452, out of total

DCIT, Circle-12(1), New Delhi vs. Indian Mortgage Guarantee Corporation Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue is dismissed

ITA 5263/DEL/2018[2014-15]Status: DisposedITAT Delhi09 Nov 2021AY 2014-15

Bench: Shri G.S.Pannu & Shri Kul Bharat[Assessment Year : 2014-15] Dcit, Vs Indian Mortgage Guarantee Circle-12(1), Corporation Pvt.Ltd., A-47, Lower New Delhi. Ground Floor, Hauz Khas, New Delhi-110049. Pan-Aaccg6775B Appellant Respondent Appellant By Sh. Hiten Chande, Ca Respondent By Sh. Umesh Takyar, Sr.Dr Date Of Hearing 01.11.2021 Date Of Pronouncement 09.11.2021

relied upon decision of IT AT Delhi in the case of M/s Amway India Enterprises (supra) in which ITAT has allowed depreciation on software @60%. Respectfully following the decision of ITAT Delhi. it is held that depreciation @60% is allowable in the case of software. In view of this

DCIT, Circle-12(1), New Delhi vs. Indian Mortgage Guarantee Corporation Pvt. Ltd., New Delhi

Appeal is allowed

ITA 5109/DEL/2018[2015-16]Status: DisposedITAT Delhi14 Sept 2021AY 2015-16

Bench: Ms Suchitra Kamble & Shri Prashant Maharishi(Through Video Conferencing)

For Appellant: N o n eFor Respondent: Ms. Anima Barnwal, Sr. D. R
Section 143(3)

before me as reproduced above. 5.5 In view of the above discussion, disallowance of Rs.83,05,599/- made by AO on account of depreciation on software is held to be unjustified and accordingly, AO is directed to allow the same. Addition of Rs.83,05,599/- is, thus, deleted. The ground

Addl. CIT, Special Range-8, New Delhi vs. St Microelectronics Pvt. Ltd., New Delhi

In the result, the appeal of the Revenue and the cross-objection of

ITA 4774/DEL/2017[2005-06]Status: DisposedITAT Delhi18 Aug 2021AY 2005-06

Bench: Shri R.K.Panda & Shri Kul Bharatassessment Year : 2005-06 Addl. Cit, Vs St Micro Electronics Pvt.Ltd., Special Range-8, 202-206,Tolstoy House, 15, New Delhi. Tolstoy Marg, New Delhi-110001. Pan-Aaacs3406M Appellant Respondent

Section 143(3)Section 92C

circumstances of the case and also in law, the Ld. CIT(A) erred in directing the AO to allow the claim of depreciation on software of Rs. 7,69,371/- by holding that the same would have been put to use by the assessee in FY 2004-05 despite ... Revenue is dismissed. 10. Now coming to Ground No.2 raised by the Revenue in this appeal, is against the allowing the claim of depreciation on software of Rs.7,69,371/- by holding that the same has been put to use by the assessee in Financial Year 2004-05. Despite

Addl. CIT, Special Range- 9, New Delhi vs. Times Internet Ltd., New Delhi

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is allowed for statistical purposes

ITA 3124/DEL/2018[2014-15]Status: DisposedITAT Delhi06 Aug 2021AY 2014-15

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 3124/Del/2018 : Asstt. Year : 2014-15 Addl. Cit, Vs M/S Times Internet Ltd., Special Range-9, 10, Daryaganj, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan No. Aabct1559M

For Appellant: Sh. Mukesh Gupta, CA &For Respondent: Sh. Ajay Kumar, Sr. DR
Section 14ASection 35D

hosting. The AO disallowed an amount of Rs.75.55 lacs out of the expenditure holding that the software utilized is capital in nature. The depreciation on software claimed @ 60% by the assessee has been scaled down to 25% by the Assessing Officer. 8. The ld. CIT (A) deleted the addition based

Times Internet Ltd., Gurgaon vs. Addl. CIT, Special Range- 9, New Delhi

In the result, the appeal of the revenue is dismissed and the appeal of the assessee is allowed for statistical purposes

ITA 2210/DEL/2018[2014-15]Status: DisposedITAT Delhi06 Aug 2021AY 2014-15

Bench: Sh. Amit Shukladr. B. R. R. Kumar(Through Video Conferencing) Ita No. 3124/Del/2018 : Asstt. Year : 2014-15 Addl. Cit, Vs M/S Times Internet Ltd., Special Range-9, 10, Daryaganj, New Delhi New Delhi-110002 (Appellant) (Respondent) Pan No. Aabct1559M

For Appellant: Sh. Mukesh Gupta, CA &For Respondent: Sh. Ajay Kumar, Sr. DR
Section 14ASection 35D

hosting. The AO disallowed an amount of Rs.75.55 lacs out of the expenditure holding that the software utilized is capital in nature. The depreciation on software claimed @ 60% by the assessee has been scaled down to 25% by the Assessing Officer. 8. The ld. CIT (A) deleted the addition based

ACIT, Circle- 13(2), New Delhi vs. Jindal Petroleum Ltd., New Delhi

In the result, appeal of the ld

ITA 4313/DEL/2017[2013-14]Status: DisposedITAT Delhi14 Jul 2021AY 2013-14

Bench: Shri Sudhanshu Srivastava & Shri Prashant Maharishi(Through Video Conferencing) Acit, M/S. Jindal Petroleum Ltd., Vs. Jindal Centre, Circle : 13 (2), 12 – Bhikaji Cama Place, New Delhi – 110 066. New Delhi. Pan : Aaccj0610J (Appellant) (Respondent)

For Appellant: NoneFor Respondent: Ms. Shivani Basal, Sr. D.R
Section 143(3)Section 14A

expenditure of Rs. 52,54,295/-, which was claimed in the profit and loss account. The third issue was that assessee has claimed depreciation on software at the rate of 60% whereas the learned assessing officer allowed it at the rate of 15%. 6. On appeal, CIT (Appeals) deleted ... held that once again disallowance made by the Assessing Officer is double addition of the same amount, hence deleted. On the issue of depreciation on software learned CIT appeal held that the depreciation is provided at the rate of 60% on computer and software. Therefore revenue is in appeal against

Addl. CIT, Special Range- 9, New Delhi vs. Times Internet Ltd., New Delhi

In the result, the appeal filed by the Revenue in ITA No

ITA 4418/DEL/2017[2012-13]Status: DisposedITAT Delhi30 Mar 2021AY 2012-13

Bench: Shri Bhavnesh Saini & Shri N.K. Billaiya[Assessment Year: 2012-13]

For Appellant: Shri Mukesh Gupta, CAFor Respondent: Shri Prakash Dubey, Sr. DR
Section 1Section 14A

disallowances. 3. On the facts and circumstances of the case the Ld.CIT(A) has erred in deleting disallowance made on account of depreciation on software licences @ 25% by relying on the order of his predecessor and without assigning any specific reasons. 4. On the facts and circumstances of the case ... erred in deleting disallowance made on account of depreciation on software licences by categorizing between software as integral and utility on arbitrary assumptions.” 3. Briefly stated, the facts of the case are that the assessee is engaged in the business of conducting its business of rendering various activities and sale

DCIT, Circle-17(1), New Delhi vs. Mps Infotecnics Pvt. Ltd., New Delhi

In the result ground number 5 and 6 of the appeal of the learned assessing officer are dismissed

ITA 6939/DEL/2017[2011-12]Status: DisposedITAT Delhi21 Jan 2021AY 2011-12

Bench: Shri H.S.Sidhu & Shri Prashant Maharishi(Through Video Conferencing) The Deputy Commissioner Of Vs. Mps Infotecnics Pvt. Ltd, Income Tax (Formerly Known As Visesh Circle-17(1), Infotecnic Ltd), 703, Arunachal New Delhi Building, 19, Barakhamba Road, Connaught Place, New Delhi Pan: Aaacv4805B (Appellant) (Respondent)

For Appellant: Shri R. S. Singhvi, CAFor Respondent: Ms. Pramita M. Biswas, CIT DR
Section 143(3)Section 250(4)Section 32(1)Section 68

disallowed. He further disallowed the depreciation of assets of Rs. 7, 20, 30,000/- holding that the assessee has claimed depreciation of software and IPR of ₹ 13.36 crores work in progress, which is capitalized during the year. He asked to prove its existence by supporting bills as to how these ... Aggrieved by the order the assessee filed appeal before the LD CIT (A). On the issue of disallowance of depreciation of software @60% as claimed by the assessee and allowed by the ld AO @25% as well as the disallowance of depreciation of Rs. 7, 20, 30,000/-on addition