2011 (1) TMI 1550

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....ndent by: Shri P.N. Devdasan ORDER B. Ramakotaiah, A.M.   This appeal by the assessee is against the order of the CIT(A)-XIII, Mumbai dated 23.10.2009. 2. Assessee has raised the following two grounds: - "1. The learned CIT(A) erred in holding that the depreciation on Computer Software is allowable @25%, being intangible assets and not @ 60% as claimed.  &nb....

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....tion at 60%. For the reasons stated in A.Y. 2004-05 in which the purchases of software was  allowed depreciation at 25% as against 60% claimed, the A.O. reworked out the depreciation claim both on WDV and the new additions during the year and alloweed depreciation at 25% on the software thereby disallowing the depreciation of Rs. 11,67,646/-. The CIT(A) confirmed the same following his order ....

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....aded software in the computer/hardware and it was in the form of a license only. After hearing the rival submissions we are of the opinion that the assessee should succeeded on this issue for the reason that the assessee was using the software for its business and the software is an intangible asset. In our opinion the assessee's case is covered by the decision of the Hon'ble Special Bench in ....