Is website intangible asset or software

Originally posted by : $r! TeJ @
	Hello everyone, For the purpose of Depreciation as per IT Act,1961 is website treated as intangible asset or software? i.e. is the rate of Dep on website is 25% or 60% ? please quote any rule or case law  Thanks in Advance

Expenses incurred for development of website to promote various business activities of assessee and for display of its information, products were allowable as revenue expenditure.

Decision of Hon’ble Delhi High Court in the case of CIT vs. India Visit Com (P) Limited, 219 CTR 603

But in the case of Makemytrip (India) P. Ltd v. Dy. CIT (2012) 51 SOT 19 (Delhi)(Trib.), the assessee in the books of accounts has treated the website development cost as separate block of assets on which depreciation @ 25% has been claimed from A.Y. 2001-02 to 2003-04.
.
The Revenue has treated the website development cost as business asset and had allowed depreciation for Assessment Years 2001-02 to 2003-04.
.
During AY 2004-05, the Revenue had taken a contrary view that website is not a depreciable asset and disallowed depreciation claimed by the assessee.
.
But the CIT(A) following the principle of consistency had allowed depreciation @ 25% treating the website as business asset falling under the block of intangible assets.
.
Website cannot be treated as software. Website enables companies to do what the printed brochures did but, in a much more efficient manner as well as in a much shorter period of time and covering a much larger set of people worldwide. By approaching website of the assessee, the customers/people can approach the assessee and conduct business. Therefore, the website as such cannot be treated as software.