Software License Fee claimed as revenue expenditure , however, treated as capital by the department and allowed depreciation @ 60% under computer during 143(3). Later department reopened to allow depreciation @ 25% under intangibles. Held that since there is no failure to disclose material facts , no reassessment can be made.

[HCL TECHNOLOGIES LIMITED 16.07.2015 W.P.(C) 7948/2013 & CM 16840/2013 HIGH COURT OF DELHI]

Followed Haryana Acrylic Manufacturing Co. v. CIT: 308 ITR 38 (Delhi)

Wel Intertrade Private Ltd.[2009] 308 ITR 22 (Delhi) 

 Punjab and Haryana High Court in the case of Duli Chand Singhania [2004] 269 ITR 192