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2021 (3) TMI 1429 - AT - Income TaxDisallowance u/s 14A r.w.r. 8D - sole objection raised by assessee is that rule 8D(2) of the Rules to section 14A of the Act has no application for the assessment year under consideration i.e., 2015-16, but the AO has wrongly applied - CIT(A) confirmed addition - HELD THAT:- We find that the order passed by the Ld. CIT(A) needs to consider afresh. Thus, we set aside the order passed by the Ld. CIT(A), and we remit the matter back to the AO for examination whether rule 8D(2) of the Rules applies to the present assessment year under consideration or not and decide the issue in accordance with law. Hence, the first ground of appeal allowed for statistical purpose. Disallowance of depreciation on Printers, UPS, scanners and Router - @15% OR 60% - According to the AO, the depreciation is only allowable at 15% - HELD THAT:- As the computer accessories and peripherals cannot be used without computer as they are part of the computer system they are entitled to depreciation at a higher rate of 60%. We, therefore respectfully following the decisions M/s. Cholamandalam MS General Insurance Company Ltd. [2019 (2) TMI 1075 - MADRAS HIGH COURT] and BSES Yamuna Powers Ltd. held that the assessee is entitled for depreciation @ 60% - Decided in favour of assessee.
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