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Issues:
- Appeal against the order of CIT under section 263 of the IT Act, 1961. Analysis: 1. The assessee, a private limited company established by two technocrats returning from the USA, was engaged in data processing, system designing, and software development. The Assessing Officer allowed various deductions under section 143(3) for different assessment years. However, the CIT found these allowances erroneous and prejudicial to revenue, invoking jurisdiction under section 263. The CIT held that the machinery installed by the assessee did not qualify for investment allowance under section 32A as the output of the computer machinery was not a commercial commodity but a service. The CIT also disallowed additional depreciation and extra shift allowance on the basis that the computers were installed in office premises and did not produce marketable commodities. 2. The CIT's decision was challenged by the assessee, arguing that investment allowance should apply as the computers were plant and machinery. The assessee cited various judgments to support their claim. The CIT's interpretation of the term "article" was disputed, and it was contended that the computers produced tangible outputs, making them eligible for investment allowance. The ITAT agreed with the assessee, emphasizing that the data processing and printouts constituted tangible products under relevant case laws. The ITAT also referred to judgments from different High Courts and Tribunals to support the assessee's claim. 3. Regarding the disallowance of additional depreciation, the ITAT held that since the computer machinery was considered plant and machinery, the assessee was entitled to additional depreciation. However, on the issue of extra shift allowance, the assessee did not press the argument, and the ITAT upheld the CIT's decision. Consequently, the ITAT allowed the appeals in part, affirming the eligibility of investment allowance and additional depreciation while upholding the disallowance of extra shift allowance. This detailed analysis highlights the key arguments, legal interpretations, and judgments considered by the ITAT in deciding the appeals against the CIT's order under section 263 of the IT Act, 1961.
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