ACIT, New Delhi V. M/s. Clixxo Broadband Pvt. Ltd., Delhi

ITA 4997/DEL/2015

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 3468 (ITAT-DELHI)
• Duration Of Justice: 5 year(s) 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-11-2020
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 05-08-2015
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DR SOHAIL MALIK
• Assessee Lawyers: MONICA GHAI
• Keywords: Depreciation

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A, NEW DELHI BEFORE SH. AMIT SHUKLA, JUDICIAL MEMBER DR. B. R. R. KUMAR, ACCOUNTANT MEMBER (THROUGH VIDEO CONFERENCING) ITA NO. 4997/DEL/2015 : ASSTT. YEAR : 2012-13 ACIT, CIRCLE-6(1), NEW DELHI VS CLIXXO BROADBAND PVT. LTD. 130/13 (20A), NEW NO. G-117, GAZIPUR, DELHI-110096 (APPELLANT) (RESPONDENT) PAN NO. AACCC1160E ASSESSEE BY : MS. MONICA GHAI, CA REVENUE BY : DR. SOHAIL MALIK, SR. DR DATE OF HEARING: 05.11.2020 DATE OF PRONOUNCEMENT: 10.11.2020 ORDER PER AMIT SHUKLA, JUDICIAL MEMBER: THE PRESENT APPEAL HAS BEEN FILED BY THE REVENUE A GAINST THE ORDER OF THE LD. CIT(A)-2, NEW DELHI, DATED 30. 04.2015. 2. FOLLOWING GROUNDS HAVE BEEN RAISED BY THE ASSESS EE: 1. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CA SE AND IN LAW, THE LD. CIT(A) HAS ERRED IN DELETING T HE ADDITION OF RS. 1,60,60,250/- ON ACCOUNT OF EXCESS DEPRECIATION. 2. ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CAS E AND IN LAW, THE LD. CIT(A) HAS ERRED IN DIRECTING T O ALLOW DEPRECIATION ON EPABX MACHINES @ 60% CONSIDERING AS COMPUTER PERIPHERALS IGNORING THAT T HE ASSESSEE ITSELF CLAIMED DEPRECIATION @ 15% UPTO ASSESSMENT YEAR 2009-10 ON EPABX MACHINES. ITA NO. 4997/DEL/2015 CLIXXO BROADBAND PVT. LTD. 2 3. AT THE OUTSET, IT WAS BROUGHT TO THE NOTICE OF B ENCH BY THE LD. AR THAT THE ASSESSEE HAS FILED APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT 2020 AND HAS ALREADY SUBMITTED FORM 1 AND 2. 4. KEEPING IN VIEW THE EXERCISE OF OPTION BY THE AS SESSEE TO OPT FOR THE SCHEME, THE APPEAL OF THE REVENUE IS BEING DISMISSE D AS INFRUCTUOUS WITH LIBERTY TO REVENUE TO APPROACH THE TRIBUNAL IN CASE THE FORM 3 HAS NOT BEEN ISSUED BY THE DESIGNATED AUTHORITY. 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10/11/2020. SD/- SD/- (DR. B. R. R. KUMAR) (AMIT SHUKLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 10/11/2020 *SUBODH/BINITA* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR