Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (1) TMI 1962 - AT - Income TaxDepreciation @60% on the equipments connected to V-SAT (i.e. Transformer, UPS etc.) - HELD THAT:- As we can see, V-SAT cannot function in isolation without the help of computer. Therefore, as relying on BSES YAMUNA POWERS LLD / BSES RAJDHANI POWERS LTD.[2010 (8) TMI 58 - DELHI HIGH COURT] where in it is held that computer accessories and peripherals such as printers, scanners and server form an integral part of the computer system. In fact, the computer accessories and peripherals cannot be used without the computer. Consequently, as they are part of the computer system, they are entitled to depreciation at the higher rate of 60%.Thus assessee is entitled for 60% depreciation. Thus, this ground of revenue is dismissed. Disallowance of administrative expenses u/s. 14A - HELD THAT:- CIT(A) has rightly restricted as administrative expenses u/s. 14A and same does not require any kind of interference at our end. Thus, we dismiss this ground of appeal of the revenue. Disallowance of amount paid in respect of provision for Employee Long-term Compensation Plan - HELD THAT:- As we can see, ld. A.O. had disallowed the provision for leave encashment as no payment has been made against the said provision during the year. In the case of Bharat Earth Movers [2000 (8) TMI 4 - SUPREME COURT] has held if a liability has been ascertained with a reasonable certainty and the actual quantification is not material to claim the expenditure.Therefore, respectfully following the aforesaid Hon’ble Supreme Court judgment and in our considered opinion, the ld. CIT(A) has rightly granted relief to the assessee. Therefore, this ground of appeal is dismissed. Disallowance of weighted deduction u/s. 35(2AB) of recurring expenses related to building municipal taxes and salary to Mr. C. Dutt. - HELD THAT:- In this case, ld. CIT(A) has followed assessment year 2005-06 [2012 (7) TMI 273 - ITAT AHMEDABAD] to allow the claim - Decided against revenue.
|