Computer software depreciation rate dispute: reassessment reopening u/s147 held time-barred; 60% "computers" depreciation allowed.

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....Reassessment for disallowing higher depreciation on computer software was held time-barred because the original scrutiny assessment was based on a full and true disclosure, and the Revenue relied only on the same return, financials, and depreciation statement without any subsequent tangible material; hence the proviso to s.147 could not extend limitation and reopening amounted to impermissible review. Consequently, limitation was reckoned from the original assessment date, as the later s.143(3) r/w s.263 order dealt only with s.10A/10B computation and did not merge on the depreciation issue, rendering the reopening without jurisdiction. On merits, computer software was eligible for 60% depreciation under the then-existing "computers" entry, as no separate software entry existed pre-AY 2003-04, so the higher rate was allowable. - HC....