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2016 (7) TMI 728 - AT - Income TaxAdditional depreciation on ATMs - whether Automated Teller Machines are substantially in the nature of computers - Held that:- Similar issue on identical facts has been decided by the Coordinate Bench of the Tribunal in assessees own case for earlier assessment years, we direct the Assessing Officer to allow depreciation @ 60% to ATMs subject to recomputation of WDV for each assessment year. Accordingly, the ground raised by the assessee is allowed subject to the above for both the assessment years. Depreciation on UPS at the rate of 60% allowed Disallowance made under section 36(1)(viia) - Held that:- As decided in assessee's own case for the assessment years 2005-06, 2007-08 & 2010-11, and hold that the allowable deduction u/s.36(I)(viia) of the Act is @ 10% of the 'total average aggregate advances' made by the rural branches and not on the incremental average aggregate advances, as contemplated by the Assessing Officer. The assessee's appeals in this regard are allowed
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