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2019 (6) TMI 1454 - AT - Income TaxDepreciation on Automated Teller Machines (ATM) - @ 15% OR 60% - whether the ATMs are eligible for depreciation at the rate of 60% treating it at par with the computer and computer peripherals? - HELD THAT:- We find that the decision of Hon’ble Bombay High Court on the very same issue is in favour of the assessee in the case of CIT vs Saraswat Infotech Ltd [2013 (1) TMI 861 - BOMBAY HIGH COUR] - We direct the ld AO to grant depreciation at the rate of 60% on ATMs for the Asst Year 2013-14 and the grounds raised by the assessee in this regard are allowed. Deduction u/s 80JJAA - Deduction claimed in the return of income filed in ITR-6 but not been claimed in the statement of computation of total income filed for the Asst Year 2013-14 - no evidence to prove that the assessee had submitted the audit report for the claim of deduction u/s 80JJAA of the Act before the ld AO as mandated in the said section - HELD THAT:- Assessee is entitled for deduction u/s 80JJAA of the Act. However, we find lot of force in the argument of the ld DR that the assessee should have obtained audit report and submit the same before the ld AO atleast before the completion of assessment proceedings. The orders of the lower authorities does not speak about the same and since this being a statutory requirement, we deem it fit and appropriate, in these peculiar facts and circumstances, in the interest of justice and fairplay, to remand the matter to the file of ld AO only for the limited purpose to verify whether the assessee had submitted the audit report for claiming deduction u/s 80JJAA of the Act and decide the issue in the light of the aforesaid decision of this tribunal in assessee’s own case for the earlier years. Accordingly, the grounds raised by the revenue are allowed for statistical purposes.
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