ACIT, New Delhi V. M/s. Connaught Plaza Restaurants Pvt. Ltd., New Delhi

ITA 1392/DEL/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 6675 (ITAT-DELHI)
• Duration Of Justice: 2 year(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-03-2016
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 10-03-2016
• Assessment Year: 2006-2007
• Appeal Filed On: 10-03-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES : B : NEW DELHI BEFORE SHRI R.S. SYAL, AM & SHRI A.T. VARKEY, JM ITA NO.1392/DEL/2014 ASSESSMENT YEAR : 2006-07 ACIT, CIRCLE-3(1), NEW DELHI . VS. CONNAUGHT PLAZA RESTAURANTS PVT. LTD., 13A, JOR BAGH MARKET, NEW DELHI. PAN: AAACC1201E ASSESSEE BY : SHRI ROHIT GARG, CA DEPTT. BY : MS SUSAN D. GEORGE, SR. DR DATE OF HEARING : 10.03.2016 DATE OF PRONOUNCEMENT : 10.03.2016 ORDER PER R.S. SYAL, AM: THIS APPEAL BY THE REVENUE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 6.12.2013 IN RELATION TO THE ASSES SMENT YEAR 2006-07. ITA NO.1392/DEL/2014 2 2. THE ONLY ISSUE RAISED IS AGAINST ALLOWING OF DEP RECIATION AT 60% ON POINT OF SALES SYSTEMS (POS) BY HOLDING T HE SAME TO BE COMPUTERS. 3. WE HAVE HEARD THE PARTIES AND PERUSED THE RELEVA NT MATERIAL ON RECORD. THE LD. AR HAS BROUGHT TO OUR N OTICE A COPY OF THE ORDER PASSED BY THE TRIBUNAL IN THE ASS ESSEES OWN CASE FOR THE A.Y. 2003-04 IN WHICH IT HAS BEEN HELD THAT 60% DEPRECIATION IS EXIGIBLE ON POS MACHINE. SIMILAR V IEW HAS BEEN TAKEN BY THE TRIBUNAL IN THE ASSESSEES OWN CA SES FOR THE A.YS. 2004-05, 2007-08, 2008-09 AND 2009-10. COPIE S OF SUCH ORDERS ARE AVAILABLE ON RECORD. THE ONLY INTER VENING YEAR, NAMELY, A.Y. 2006-07 INVOLVING SIMILAR ISSUE IS BEF ORE US. RESPECTFULLY FOLLOWING THE PRECEDENT, WE APPROVE TH E ACTION OF THE LD. CIT(A) IN ALLOWING HIGHER DEPRECIATION ON P OS MACHINE OF THE ASSESSEE. ITA NO.1392/DEL/2014 3 4. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10.03.2016. SD/- SD/- [A.T. VARKEY] [R.S. SYAL] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED, 10 TH MARCH, 2016. DK COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT AR, ITAT, NEW DELHI.