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2015 (8) TMI 11 - AT - Income TaxDisallowance u/s 40(a) - CIT(A) deleted disallowance - Held that:- The issue under consideration is squarely covered in favour of the assessee as relying on the case of ADIT, International Taxation vs. Express Drilling Systems LLC. [..] and M/s. S.K.Tekriwal [ 2012 (12) TMI 873 - CALCUTTA HIGH COURT] wherein held that Section 40(a)(ia) refers only to the duty to deduct tax and pay to government account there is nothing in the said section to treat the assessee as defaulter where there is a shortfall in deduction. And if there is any shortfall due to any difference of opinion the assessee can be declared to be an assessee in default u/s. 201 but no disallowance u/s 40(a)(ia) is allowed - Decided in favour of assessee. Disallowance on account of depreciation - CIT(A) deleted disallowance - Held that:- It is noticed in the case of CIT vs. Ceramics & Industries Ltd. (2011 (1) TMI 26 - DELHI HIGH COURT ) held that UPS is a part of the computer peripherals & accessories and accordingly depreciated @ 60%. Since the identical issue has been decided by the Hon’ble Jurisdictional High Court in the aforesaid referred to case by holding that the assessee is entitled to higher rate of depreciation @ 60% and the Ld. CIT has followed the ratio laid down by the Hon’ble Jurisdictional High Court, therefore, we do not see any merit in the appeal of the department on this issue.- Decided in favour of assessee.
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