Compu Crane Software Bangalore
M/S Crane Software International. Vs Assessee ITA.741,742, 774 & 775/B/2010 Page - 1IN THE INCOME TAX APPELLATE TRIBUNALBANGALORE BENCH 'A', BANGALOREBEFORE DR. NARAYANAN, VICE PRESIDENTANDSMT. MADHAVI DEVI, JUDICIAL MEMBER1-2. I.T.A Nos.741 & 742/Bang/2010(Assessment Years: 2005-06 & 2006-07)M/s. Crane Software International Ltd.,Block-1, 4th floor, Shankaranarayana Building,Bangalore 560 001.
Appellantv.Deputy Commissioner of Income-tax,Circle -11(2), Bangalore. I.T.A Nos.774 & 775/Bang/2010(Assessment Years: 2005-06 & 2006-07)(By the Revenue)Assessee by: Shri.
Srinivasan, CARevenue by: Shri. Gopala Rao, Commissioner of Income-tax-IORDERPER DR. NARAYANAN, VICE PRESIDENT:This is a bunch of four appeals consisting of two appeals by the assesseeand two appeals by Revenue. These appeals relate to the assessment years 2005-06 and 2006-07.ITA.741,742, 774 & 775/B/2010 Page - 202.
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These cross appeals are directed against the orders of the Commissioner ofIncome-tax(A)-I at Bangalore, dated. And arise out of theassessments completed u/s.143(3) of the, 1961.03. The assessee-company provides software products and solutions onstatistical analytics and engineering simulations to enterprises in differentcountries. Assessee's business interests include productised software solutions,services and Research and Development. Assessee offers different proprietaryproducts such as SYSTAT, SIGMA PLOT, SIGMA STAT, PEAKFIT,iCAPELLA and other packages of IBM, Texas Instruments, Mathworks, etc.,04. The assessee company filed its returns for the assessment years 2005-06and 2006-07 on a total income of ` 22,97,28,090/- and ` 15,99,42,940/-respectively.05.
In the relevant previous year period, the assessee company had purchasedsoftwares mainly from foreign companies. The purchase was for `77,70,44,460/- and for ` 57,70,15,039/- respectively for the assessment years2005-06 and 2006-07. The assessee treated these new acquisitions as additionsto the existing Block of Assets and claimed depreciation allowance @ 60%. Theassessee stated that the softwares were purchased for its own use, analogous toplant and machineries of manufacturing units.
The assessee stated that theITA.741,742, 774 & 775/B/2010 Page - 3purchases were not meant for re-sale but to develop products and packages so asto provide the same to customers, out of which the assessee generated itsincome.06. The assessing authority could not accept the claim of depreciationallowance as deductible.
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