TMI Blog2016 (5) TMI 1548X X X X Extracts X X X X X X X X Extracts X X X X ..... following the decision of the Delhi Bench of the Tribunal allow this ground with the directions that the depreciation @ 60% be allowed. Decided against revenue. - ITA No. 112/JP/2015 - - - Dated:- 13-5-2016 - Shri Kul Bharat, JM And Shri Vikram Singh Yadav, AM For the Revenue : Shri Man Singh Meena, CIT-DR. For the Assessee :Shri Manish Agarwal, CA. ORDER Per Kul Bharat, JM This appeal of the Revenue is directed against the order of the ld. CIT(A)-III, Jaipur dated 25-11-2014 pertaining to assessment year 2009- 10 wherein the Revenue has raised following grounds. 1. On the facts and circumstances of the case and in law the ld. CIT(A) has erred in deleting the disallowance of ₹ 33,01,22,188/- made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n ble ITAT for A.Y. 2006-07, which was submitted by the assessee and depreciation claimed by the appellant was increased to ₹ 39,39,53,179/- in A.Y. 2006-07, this issue of depreciation was decided by the Assessing Officer and confirmed by the learned CIT(A) but the Hon ble ITAT has allowed the appeal in favour of the assessee. 8. Being aggrieved by the order of the learned Assessing Officer, the assessee carried the matter to the learned CIT(A) who had allowed the assessee s appeal and 10% depreciation on road as law amended and it has been included in the head of the building for depreciation purposes. 9. Now the Revenue is in appeal before us. 10. The learned D.R. relied upon the order of the learned Assessing Offi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the case, we are of the view that items as claimed by the appellant as EDP equipment are peripherals to the computer system installed by the appellant to manage, control and regulate the traffic system on its tolls to generate revenue which has been accounted far as income in the hands of the appellant. The department have brought no material on record to show that the said items are not computer peripherals. We also find support from the decision relied upon by the assessee of Delhi Bench in case of Expeditors International Ltd. (Supra) para 17 whereof (page 661) is reproduced as under: At the time of hearing before us, the learned representatives of both the sides have agreed that this issue is squarely covered in favour of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
