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2011 (9) TMI 127 - AT - Income TaxDepreciation on computer peripherals - rate of depreciation u/s 32 - computer accessories like Network, RAM, Surf Controller, S.T. Couplers, Call classifiers, Digital card and Analog card, etc - Held that:- CIT (A) has rightly granted the relief to the assessee and the said relief is in accordance with the decision of Hon'ble Delhi High Court in the case of CIT vs. BSES Yamuna Powers Ltd. (2010 -TMI - 78240 - DELHI HIGH COURT). Depreciation on assets with the holding company - condition of put to use - Held that:- the issue raised by the revenue in this ground is squarely covered by the decision of Hon'ble Delhi High Court in the case of CIT vs. Yamaha Motors India Pvt. Ltd. (2010 -TMI - 78088 - DELHI HIGH COURT) wherein their lordships have held that the words 'used for the purpose of business' in the case of user of assets in earlier years and after considering the concept of block of assets, it was held that even if the business is closed, the depreciation cannot be disallowed for non-user. - Decided in favor of assessee.
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