DCIT, CHENNAI V. Aditya Birla Money Ltd., CHENNAI

ITA 270/CHNY/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 8782 (ITAT-CHENNAI)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2016
• Appeal Filed By: Department
• Bench Allotted: B
• Next Hearing Date: 20-06-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 11-02-2016
• Court: TRIBUNAL
• Department Lawyers: P RADHAKRISHNAN
• Keywords: Depreciation

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI . . . , . !' , # $ % [ BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ] ./ I.T.A.NO.270/MDS/2016 / ASSESSMENT YEAR : 2008-09 THE DY. COMMISSIONER OF INCOME-TAX CORPORATE CIRCLE I(1) CHENNAI VS. M/S ADITYA BIRLA MONEY LTD 55, ALI TOWERS GREAMS ROAD, THOUSAND LIGHTS CHENNAI 600 006 [PAN AAACA 7472 K ] ( &' / APPELLANT) ( ()&' /RESPONDENT) / APPELLANT BY : SHRI P. RADHAKRISHNAN, JCIT /RESPONDENT BY : NONE / DATE OF HEARING : 20 - 06 - 2016 ! / DATE OF PRONOUNCEMENT : 05 - 08 - 2016 / O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER THIS APPEAL OF THE REVENUE IS DIRECTED AGAINST T HE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS)-1, CHENNA I, DATED 18.9.2015 AND PERTAINS TO ASSESSMENT YEAR 2008-09 . 2. THE ONLY ISSUE ARISES FOR CONSIDERATION IS DEPRECIA TION ON V- SAT @ 60%. 3. SHRI P. RADHAKRISHNAN, LD. DEPARTMENTAL REPRESENTAT IVE SUBMITTED THAT THE CIT(A), BY FOLLOWING THE ORDER O F THIS TRIBUNAL IN ITA NO.270/16 :- 2 -: ASSESSEES OWN CASE FOR ASSESSMENT YEARS 2003-04 AN D 2004-05, ALLOWED THE CLAIM OF THE ASSESSEE FOR DEPRECIATION @ 60% ON V-SAT AS COMPUTER. ACCORDING TO THE LD. DR, V-SAT, AT TH E BEST, CAN BE CONSIDERED AS PERIPHERAL ATTACHED TO THE COMPUTER, THEREFORE, THE ASSESSEE IS ELIGIBLE FOR DEPRECIATION @ 15% ONLY. ACCORDING TO THE LD. DR, ONLY COMPUTER IS ELIGIBLE FOR DEPRECIATION @ 60 %. 4. NO ONE APPEARED FOR THE ASSESSEE, THEREFORE, WE PR OCEED TO DISPOSE OF THE APPEAL ON MERIT. 5. WE HAVE HEARD THE SUBMISSIONS OF THE LD. DR AND ALS O PERUSED THE MATERIAL AVAILABLE ON RECORD. ADMITT EDLY, THE CIT(A), BY FOLLOWING THE ORDER OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMENT YEARS 2003-04 AND 2004-05, ALLOWED THE C LAIM OF THE ASSESSEE. THE CIT(A) HAS ALSO PLACED HIS RELIANCE ON THE DECISION OF THE SPECIAL BENCH, MUMBAI, IN DATACRAFT INDIA LTD V S DCIT , [2010] 40 SOT 295 WHILE ALLOWING THE CLAIM OF THE ASSESSEE. THE ONLY CONTENTION OF THE REVENUE BEFORE THIS TRIBUNAL IS THAT THE REVENUES APPEAL IS PENDING BEFORE THE MADRAS HIGH COURT AGAI NST THE ORDER OF THIS TRIBUNAL IN ASSESSEES OWN CASE FOR ASSESSMEN T YEARS 2003-04 AND 2004-05. THIS TRIBUNAL IS OF THE CONSIDERED O PINION THAT WHEN DEPRECIATION WAS ALLOWED ON V-SAT @ 60% BY THIS TRI BUNAL FOR ASSESSMENT YEARS 2003-04 AND 2004-05, MERELY BECAUS E THE ITA NO.270/16 :- 3 -: REVENUES APPEAL IS PENDING BEFORE THE MADRAS HIGH COURT CANNOT BE A REASON TO TAKE A DIFFERENT VIEW. THEREFORE, THIS T RIBUNAL DO NOT FIND ANY REASON TO INTERFERE WITH THE ORDER OF THE CIT(A ) AND ACCORDINGLY THE SAME IS CONFIRMED. 6. IN THE RESULT, THE APPEAL OF THE REVENUE STANDS DI SMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 5 TH AUGUST, 2016, AT CHENNAI. SD/- SD/- ( . !' ) (A. MOHAN ALANKAMONY) # / ACCOUNTANT MEMBER ( . . . ' ) (N.R.S. GANESAN) / JUDICIAL MEMBER #$ / CHENNAI %& / DATED: 5 TH AUGUST, 2016 RD &' ()*) / COPY TO: 1 . / APPELLANT 4. + / CIT 2. / RESPONDENT 5. ),- . / DR 3. +/' / CIT(A) 6. -01 / GF