Appeal Details
Counselvise Citation
375720114 RSA 2011
Assessee PAN
Bench
Appeal Number
Duration Of Justice
2 month(s) 10 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
14-10-2011
Appeal Filed By
Assessee
Order Result
Allowed
Bench Allotted
E
Next Hearing Date
10-10-2011
Assessment Year
2008-2009
Appeal Filed On
04-08-2011
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH E NEW DELHI) BEFORE SHRI RAJPAL YADAV AND SHRI K.G. BANSAL ITA NO. 3757/DEL/2011 ASSESSMENT YEAR: 2008-09 M/S. OMAN CONSULTANTS PVT. LTD., VS. ASSISTANT COMM ISSIONER OF IT, 137 SAIDULAJAB, MB ROAD, (OSD), MEHRAULI, NEW DELHI. NEW DELHI. (PAN: AAACO0200H) (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI GAURAV RAKHECHA, CA RESPONDENT BY: SHRI RS NEGI, SR. DR ORDER PER RAJPAL YADAV: JUDICIAL MEMBER THE PRESENT APPEAL IS DIRECTED AT THE INSTANCE OF THE ASSESSEE AGAINST THE ORDER OF LEARNED CIT(APPEALS) DATED 22.03.2011 PASSED FOR ASSESSMENT YEAR 2008-09. THE SOLITARY GRIEVANCE OF THE ASSESSE E IS THAT LEARNED CIT(APPEALS) HAS ERRED IN CONFIRMING THE GRANT OF D EPRECIATION ON UPS AT THE RATE OF 15% ADMISSIBLE ON PLANT AND MACHINERY, AND NOT AT THE RATE OF 60% ADMISSIBLE ON COMPUTER AND ITS PERIPHERAL. 2. WITH THE ASSISTANCE OF LEARNED REPRESENTATIVES, WE HAVE GONE THROUGH THE RECORD CAREFULLY. IT EMERGES OUT FROM THE RECO RD THAT ASSESSEE HAS CLAIMED A DEPRECIATION AT RS.1,54,141. THE DEPRECIA TION WAS CALCULATED BY THE ASSESSEE @ 60%. ASSESSING OFFICER WAS OF THE VI EW THAT UPS IS AN 2 ELECTRICAL INSTRUMENT. IT DOES NOT COME IN THE PERI PHERAL OF COMPUTER. HE ALLOWED THE DEPRECIATION @ 15% WHICH COMES OUT TO R S.38,515 AND REST OF THE AMOUNT WAS DISALLOWED. 3. THE LEARNED COUNSEL FOR THE ASSESSEE AT THE TIME OF HEARING POINTED OUT THAT THE ISSUE IN DISPUTE IS SQUARELY COVERED IN FA VOUR OF THE ASSESSEE BY THE DECISION OF THE HON'BLE DELHI HIGH COURT RENDERED I N THE CASE OF CIT VS. ORIENT CERAMICS & INDUSTRIES IN ITA NO.65 OF 2011. HE PLACED ON RECORD COPY OF THE DECISION DELIVERED ON 20.1.2011. THE OB SERVATIONS MADE BY THE HON'BLE HIGH COURT IN PARAGRAPH 13 READ AS UNDER: 13. THE THIRD ISSUE PERTAINING TO DEPRECIATION ON UPS ARISES ONLY IN THE ASSESSMENT YEAR 2005-06. THE ASSESSEE HAD CLAIM ED DEPRECIATION ON UPS @ 60% WHEREAS THE A.O. HAD ALLOWED IT @ 25% AND ON THIS BASIS, DISALLOWANCE OF RS.1,470 WAS MADE. THE ISSUE NOW STANDS COVERED BY THE JUDGMENT OF THIS COURT IN THE CASE O F CIT VS. BSES YAMUNA POWERS LTD. ( IN ITA NO.1267 DECIDED ON 31.0 8.2010) WHEREIN IT WAS HELD THAT THE DEPRECIATION @ 60% ON SUCH ITEMS SHALL BE ALLOWED. 4. ON DUE CONSIDERATION OF THE ISSUE AND THE JUDGME NT OF HON'BLE DELHI HIGH COURT, WE ARE OF THE VIEW THAT DEPRECIATION ON UPS WOULD BE 3 ADMISSIBLE @ 60%. WE ALLOW THE APPEAL OF THE ASSESS EE AND DIRECT THE ASSESSING OFFICER TO GRANT DEPRECIATION ON UPS @ 60 %. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS ALL OWED. DECISION PRONOUNCED IN THE OPEN COURT ON 14.10.201 1 SD/- SD/- ( K.G. BANSAL ) ( RAJPAL YADAV ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 14/10/2011 MOHAN LAL COPY FORWARDED TO: 1) APPELLANT 2) RESPONDENT 3) CIT 4) CIT(APPEALS) 5) DR:ITAT ASSISTANT REGISTRAR
