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    <title>2018 (9) TMI 957 - ITAT DELHI</title>
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    <description>Section 10AA deduction is to be computed at the level of the eligible undertaking before Chapter VI set-off is applied, so the unit&#039;s loss is determined independently and not first adjusted against income from other units; the explanatory amendment was treated as declaratory, and the Revenue&#039;s view was rejected. Software expenditure is classified by nature: items conferring enduring benefit or acquired rights of use are capital in nature and qualify only for depreciation, while routine software, antivirus, upgrading and control software are revenue expenditure. The appellate treatment on this issue was upheld, and the Revenue&#039;s challenge failed on both points.</description>
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      <title>2018 (9) TMI 957 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=367221</link>
      <description>Section 10AA deduction is to be computed at the level of the eligible undertaking before Chapter VI set-off is applied, so the unit&#039;s loss is determined independently and not first adjusted against income from other units; the explanatory amendment was treated as declaratory, and the Revenue&#039;s view was rejected. Software expenditure is classified by nature: items conferring enduring benefit or acquired rights of use are capital in nature and qualify only for depreciation, while routine software, antivirus, upgrading and control software are revenue expenditure. The appellate treatment on this issue was upheld, and the Revenue&#039;s challenge failed on both points.</description>
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