2019 (7) TMI 644 - HC - Income Tax

Disallowance of depreciation claimed at a higher rate of 60% on point of service (POS) terminals - HELD THAT - The issue stands decided against the Revenue by the decision of this in Principal Commissioner of Income Tax-2 v. Connaught Plaza Restaurant (P) Ltd. 2016 (9) TMI 1485 - DELHI HIGH COURT . Consequently, no question is framed in this regard. Disallowance of the expense incurred in Software development and upgradation - capital or revenue expenses - HELD THAT - ITAT rightly upheld the order of the CIT (A) treating the expenditure as revenue in nature and allowed it as such. Consequently, the Court is not persuaded to frame any question in this regard as well.

Summary

Issues:
1. Disallowance of depreciation claimed at a higher rate on POS terminals.
2. Disallowance of expense incurred in software development and upgradation.

Issue 1: Disallowance of Depreciation on POS Terminals
The High Court addressed the first issue concerning the disallowance of depreciation claimed at a higher rate of 60% on POS terminals by the Assessee. The Court noted that a similar issue had been decided against the Revenue in a previous case. Referring to a specific decision dated 20th September, 2016, the Court highlighted that the issue had already been resolved in favor of the taxpayer. Consequently, the Court did not frame any question on this matter, indicating that the issue had been settled in a previous judgment.

Issue 2: Disallowance of Expense on Software Development and Upgradation
The second issue dealt with the disallowance of expenses incurred in software development and upgradation. The Court examined the decision of the CIT (A) in deleting this disallowance and treating the expenditure as revenue in nature. The ITAT upheld the CIT (A)'s decision, concluding that the expense was allowable. The Court concurred with this assessment and did not find any grounds to frame a question on this issue either. As a result, the Court dismissed the appeal, affirming the decisions of the lower authorities regarding the disallowance of the expense on software development and upgradation.

In conclusion, the High Court, comprising S. Muralidhar and Talwant Singh JJ., dismissed the appeal by the Revenue against the ITAT's order for the Assessment Year 2009-2010. The judgment clarified the resolution of the two main issues raised by the Revenue, highlighting the precedents and decisions that supported the conclusions reached by the Court.