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2021 (4) TMI 843 - AT - Income TaxDepreciation on Computer Software - DR emphasized that the Ld.CIT (A) has erred in directing depreciation @60% rate on the computer software licenses, but actually rate applicable is @25% and the license has to be treated as intangible assets - HELD THAT - DR could not controvert the observations of the Ld. CIT (A) with any new evidence or information but relied on the order of the Assessing officer. We find the Ld.CIT(A) considered the facts of granting of deprecition@60% rate in the earlier and subsequent assessment years by the revenue, provisions of law, and allowed the claim of the Assessee. Accordingly, we do not find any infirmity in the order of the Ld.CIT (A) and uphold the same and dismiss the grounds of appeal of the revenue.
Issues Involved:
1. Disallowance of depreciation on Computer Software 2. Application of depreciation rate on Computer Software 3. Eligibility of Computer Software for depreciation 4. Principle of res judicata in income tax proceedings 5. Change of opinion in assessment Analysis: Issue 1: Disallowance of depreciation on Computer Software The revenue appealed against the order of the Commissioner of Income Tax (Appeals) regarding the addition of depreciation on Computer Software. The revenue contended that the CIT(A) erred in directing to delete the addition of a specific amount made on account of depreciation on Computer Software. The CIT(A) had relied on the stand of the Assessing Officer in the assessee's case in the preceding year without delving into the merits of the case. The revenue prayed for setting aside the CIT(A) order and restoring that of the assessing officer. Issue 2: Application of Depreciation Rate on Computer Software The dispute revolved around the appropriate depreciation rate applicable to Computer Software, specifically whether it should be depreciated at 60% or 25%. The Assessing Officer had allowed depreciation at 25% considering the Computer Software as an intangible asset. However, the assessee argued that the nature of payment for obtaining the software license warrants a higher depreciation rate of 60% based on enduring benefits and supported this argument with judicial decisions. Issue 3: Eligibility of Computer Software for Depreciation The CIT(A) considered the grounds of appeal and the submissions of the assessee on the reopening of assessment and the claim of depreciation on the Computer software license. The CIT(A) observed that the Assessing Officer had allowed depreciation at 60% in both preceding and succeeding assessment years. The CIT(A) found a breach of consistency in reducing the depreciation rate to 25% in the year under consideration and allowed the claim of the assessee based on the principle of consistency and change of opinion. Issue 4: Principle of Res Judicata in Income Tax Proceedings The CIT(A) highlighted the principle of res judicata, emphasizing that the Assessing Officer had allowed depreciation at 60% in earlier and subsequent assessment years. The CIT(A) noted that changing the depreciation rate to 25% in the year under consideration without a specific reason amounted to a clear change of opinion and lacked consistency, as per the judgment of the Supreme Court in Kelvinator India Limited case. Issue 5: Change of Opinion in Assessment The CIT(A) analyzed the Assessing Officer's actions in allowing depreciation at 60% in previous and subsequent years but reducing it to 25% in the year under review without providing a valid reason for the change. The CIT(A) upheld the claim of the assessee based on consistency and lack of justification for altering the depreciation rate. The Tribunal dismissed the revenue's appeal, affirming the CIT(A) order. In conclusion, the Tribunal upheld the CIT(A) order, emphasizing the importance of consistency in assessment decisions and the application of appropriate depreciation rates based on the nature of assets.
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