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Case Law Details

Case Name : Peninsula Land Ltd. Vs Addl. CIT (ITAT Mumbai)
Appeal Number : ITA No. 3717/MUM/2012
Date of Judgement/Order : 12/10/2022
Related Assessment Year : 2008-09
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Peninsula Land Ltd. Vs Addl. CIT (ITAT Mumbai)

ITAT Mumbai held that with effect from 1st April 2003, Computer Software has been classified as a tangible asset under the heading ‘Plant’ entitled for depreciation @60%.

Facts-

The issue is with regard to restricting depreciation on software expenses at 25% instead of 60%. AR of the assessee reiterated the submissions made before CIT(A). Further, he submitted that the issue relating the software expenses has been considered by the special bench of the Tribunal in the case of Amway India Enterprises v. DCIT and restricted the depreciation on software expenses at 60%. Therefore, the assessee prayed that depreciation on software expenses be restricted to 60% and that of order of the CIT(A) be set-aside.

Conclusion-

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