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    <title>2020 (3) TMI 1195 - ITAT BANGALORE</title>
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    <description>Section 80JJAA is applied year-wise over the statutory three-year period, so failure to satisfy the 300-day condition in the first year does not defeat eligibility in later years if those years meet the statutory requirements. Expenditure on an abandoned expansion project, including capital work in progress write-off and related damages, remains capital in character because it is connected with bringing a capital asset into existence, subject only to verification to avoid double disallowance. Additional depreciation depends on the nature and use of the disputed assets and may require fresh factual examination. Finance-lease rentals were not shown to be payments for carrying out work under section 194C, and software used under a licence without proprietary rights was treated as revenue expenditure.</description>
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      <description>Section 80JJAA is applied year-wise over the statutory three-year period, so failure to satisfy the 300-day condition in the first year does not defeat eligibility in later years if those years meet the statutory requirements. Expenditure on an abandoned expansion project, including capital work in progress write-off and related damages, remains capital in character because it is connected with bringing a capital asset into existence, subject only to verification to avoid double disallowance. Additional depreciation depends on the nature and use of the disputed assets and may require fresh factual examination. Finance-lease rentals were not shown to be payments for carrying out work under section 194C, and software used under a licence without proprietary rights was treated as revenue expenditure.</description>
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