2013 (8) TMI 381

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....isallowance of claim of depreciation on intangible assets, being software?      2. Whether the Tribunal is right in upholding the decision of the CIT(A) in directing the Assessing Officer to examine the claim of the assessee u/s 80HHC and 80-IA of the Act when the assessee had not made any such claim in the return of income?" 2. Counsel for the Revenue candidly stated that question No.1 gets covered by our order dated 16.4.2013 passed in Tax Appeal No. 507 of 2012 in case of this very assessee. We notice that we had not entertained a similar question in the said order making following observations:      "Regarding question No.1, Tribunal followed its own order in case of very assessee for the....

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....allowed the claim of the assessee, by confirming the order of CIT(Appeals) by setting aside the order of the Assessing Officer on the very issue. Both CIT(Appeals) and the Tribunal have concurrently held in favour of the assessee. Unless perversity is pointed out, no question of law arises for this Court to interfere as both have dealt with the issues elaborately giving sound and cogent reasons. The issue therefore, merits no further consideration." Question no.1 accordingly, merits no consideration. 3. Insofar as question No. 2 is concerned brief facts are thus:      3.1 Respondent-assessee had filed a return of income for the assessment year 2002-03 disclosing loss. Assessing Officer, however, in a scrutiny as....

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....e to the additions. It was also found that assessee fulfilled all the conditions for claiming deduction under these provisions. The AO was, therefore, directed to examine this issue and allow the claim as per law.      8. The learned DR relied upon the order of the AO. On the other hand, the learned counsel for the assessee reiterated the submissions made before the authorities below.      9. On consideration of the above facts, we do not find any merit in this ground of appeal of the revenue. Since the assessee filed return of income at losses, therefore, there was no reason for the assessee to make a claim of deduction under these provisions when income is computed at profit. The learned CIT(A....