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2017 (8) TMI 1559 - AT - Income TaxRate of depreciation on Routers and IT Intelligence devices - @ 60% OR 80% - Power Transmission System - Depreciation u/s 32 on various assets or block of assets on the rates as prescribed in Rule 5 of the Rules - HELD THAT:- It is evident from the above sub items (8)(ix)(E)(k) that the asset qualifying for 80% depreciation should be energy-saving device for power transmission system. The assessee is engaged in trading and leasing of Routers, bridges etc. We find that the assessee has failed to produce any documentary evidence to support that the Routers, and other equipments are part of power transmission system before the lower authorities. Before us also no documentary evidence in support in claim of the requirement of the said asset being part of power transmission system has been produced. In view of the failure on the part of the assessee to produce documentary evidence in support its claim of depreciation at the rate of 80% on Routers bridges etc., no error in the order of the CIT-(A). The contention of the assessee to follow the order of the CIT-(A) in subsequent year in view of the rule of consistency also cannot be accepted as we are required to adjudicate the issue in view of the facts before us and the decision of the CIT-(A) in subsequent year is not binding on us. Accordingly, we dismiss the ground No.1 of the appeal.
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