TMI Blog2019 (12) TMI 1294X X X X Extracts X X X X X X X X Extracts X X X X ..... Bhavin Marfatia, CA Revenue by: Shri O.P.Singh CIT-DR ORDER Sandeep Gosain, JM: 1. This Appeal by the Assessee is directed against the order of Ld.Commissioner of Income Tax(Appeals)-1, Vadodara dated 26.04.2016 for the assessment year 2012-13. 2. Grounds raised by the assessee read as under: 1. The learned Commissioner of Income Tax (Appeals)-1. Vadodara [ the CIT(A) ] erred in fact and in law in confirming the action of the Deputy Commissioner of Income Tax, Circle-1(1)(1), Vadodara' [ the AO ] in restricting depreciation on electric installation to 10% instead of 15% as claimed by the Appellant and thereby confirming the addition of ₹ 14,63,324/- to the income of the Appellant. 2. The learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to confirming action of the Assessing Officer (AO) in restricting depreciation of Electrical Installation to 10% instead of 15% claimed by the assessee and thereby confirming the addition of ₹ 17,21,558/-. 9. At the outset, the ld.Counsel for the assessee submitted that this issue is covered in favour of the assessee by the decision of Tribunal in the assessee's own case in ITA no.3077 to 3079 and 3115 to 3120/Ahd/2011 dated 13.11.2017. The ld.Senior Departmental Representative has also concurred with the submission of the ld.Counsel of the assessee. 10. We have considered facts and find that the Tribunal in the aforesaid case (supra) in para 9 has observed as under : 9. Learned Departmental Representative fails to dis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdingly the Assessing Officer is directed to allow deduction of depreciation of ₹ 17,21,558/- claimed @5% out of 10%. This ground of appeal is therefore allowed. 6. On the other hand, the ld.CIT-D.R. relied on the orders of Lower Authorities. 7. We have heard the Counsels of both the parties and we also perused the material placed on record and orders passed by the Revenue Authority as well as the judgments cited by the parties. From the records, we find that the issue is squarely covered by the decision Co-ordinate Bench of ITAT Surat in assessee s own case in I.T.A.No.2414/Ahd/2015/SRT A.Y. 2013-14(supra). 8. Since the facts are identical, we are of the considered opinion that the assessee is eligible for depreciation @15% ..... X X X X Extracts X X X X X X X X Extracts X X X X
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