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2015 (1) TMI 1225 - AT - Income TaxDepreciation on Computer accessories and peripherals @ 60% - Held that:- Decided in favour of assessee as decided in CIT vs. BSES Yamuna Powers Ltd., [2010 (8) TMI 58 - DELHI HIGH COURT] eligible for depreciation @ 60%. Addition commission paid u/s 36(1)(ii) - CIT(A) has deleted the addition - Held that:- CIT(A) has deleted the addition following the order of the ITAT in the case of the assessee company for Assessment Year 2002-03. The ld CIT(A) has held that the facts of the instant year are identical to the Assessment Year 2002-03, inasmuch as the person to whom commission has been paid and the basis of payments remains the same. The ld DR could not point out any fresh fact or distinguishing features so as to make us take a different opinion. Disallowance u/s 14A - Held that:- AO has invoked Rule 8D of the Income Tax Rules, 1962 (herein after ‘the Rules’) and enhanced the disallowance made by the assessee of ₹ 1,23,940/- to ₹ 6,48,260/- without recording any satisfaction u/s 14A(2) of the Act, which as has been held by the Hon’ble Delhi High Court in the case of Maxopp Investment Ltd. Vs. Commissioner of Income-tax ( 2011 (11) TMI 267 - Delhi High Court ).
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