Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (1) TMI 510 - AT - Income TaxDepreciation on computers, software and peripherals - 25% OR 60% - Held that:- We are of the considered view that router and switches can be classified as a computer Hardware when they are used along with a computer and when their functions are integrated with a 'computer'. In other words, when a device is used as part of the computer in its functions, then it would be termed as a computer." Thus following the decision of the coordinate bench in assessee's own case direct the AO to allow depreciation @ 60% as claimed by assessee. - Decided in favour of assessee. Disallowance of expenditure u/s 40(a)(ia)- non deduction of tax at source u/s 194C - Held that:- Disallowance u/s 40(a)(ia) may not be made by the AO for the amounts/payments which have already been paid before the end of the relevant accounting year, out of the amounts disallowed which have been upheld by the CIT (A). - Decided Partly in favour of assessee for statistical purposes. Disallowance of prior period expenses - Held that:- Merit in the alternative contention of the assessee inasmuch as if an amount of ₹ 2,11,34,759 out of total amount of ₹ 2,38,85,000 was already offered to tax in the earlier years, the prior period adjustment made in that behalf by the assessee, on account of the concerned parties declining to make the payments due to discrepancies in the billing, the same should be allowed as deduction as bad debts. We therefore, set aside the impugned order of the CIT(A) and direct the Assessing Officer accordingly to restrict the disallowance made. - Decided partly in favour of assessee.
|