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2018 (9) TMI 2116 - AT - Income TaxDepreciation claimed on robotix kits - assessee claimed depreciation @ 60% which is applicable for computers - HELD THAT:- It is common knowledge that nowadays the entire industry is automated and machineries are operated through computer. It does not mean that the entire industrial undertaking was a computer. The computer or software installed therein may be used for operating industrial machineries. In this case also, the computer or software attached is used for operation of robotix kits. It cannot be construed as if the robotix kits itself is a computer. This Tribunal is of the considered opinion that the computer is totally different which comprises processing data and not the machinery which undertakes works as per the instruction given through the computer. Therefore, computer is a different one and robotix kits are entirely different machineries. Hence, this Tribunal is of the considered opinion that the assessee is not eligible for depreciation @ 60% as claimed. Decided against assessee. Depreciation for three block of assets - AO found that the assessee has not submitted proper bills towards purchase of assets - HELD THAT:- This Tribunal is of the considered opinion that giving one more opportunity to the assessee to produce bills would not prejudice the interests of the Revenue. Even though no ground was raised before the CIT(Appeals) in respect of the addition the assessee has raised specific ground before this Tribunal. This Tribunal being the final fact finding authority, the facts need to be settled at Tribunal level. Therefore, examining the matter by the AO on the basis of bills and vouchers that may be produced by the assessee is very essential. Ground allowed for statistical purposes.
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