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2014 (6) TMI 570 - ITAT DELHIDeletion of excess depreciation on computer peripherals – Held that:- Following CIT Vs. BSES Rajdhani Powers Ltd. [2010 (8) TMI 58 - DELHI HIGH COURT] - the assessee is entitled to higher rate of depreciation, i.e., at the rate of 60% on computer accessories and peripherals instead of the normal rate of 25% - Decided against Revenue. Deletion made u/s 14A r.w Rule 8D of the Rules – Held that:- For the purpose of the clause, only the assets, income from which does not or shall not form part of total income, is to be considered – thus, the investment in the shares in the company whose dividend income is taxable cannot be considered as investment – thus, the matter is remitted back to the AO for examination of the assessee’s contention and exclude the assets, income from which is taxable – Decided in favour of Revenue.
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