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2018 (5) TMI 636 - HC - Income TaxRate of depreciation on printers - to be allowed at normal rate or at enhance rate @60% - whether the printers would be included within the term 'computer' as contained in old Appendix I Clause III(5)? - entry in the depreciation table specifically says, computers including computer software - Held that:- It is a claim for depreciation and if two views are possible, one which is in favour of the assessee should be preferred. Going by the usage of the equipment purchased by the petitioner, we have to take a decision. In paragraph 6 of the order passed by the Commissioner of Income Tax (Appeals), it has been stated that it can be inferred that the machines computer printers under consideration can either be called computers-printers, since a lot of independent functions done by the computers are done by these printers and they can be called an integral part of the computer system. Therefore, the Commissioner of Income Tax (Appeals) came to the conclusion that it should be treated as part of the computer and an accessory to the Computer. This factual finding cannot be dislodged by us, as no material has been placed by the Revenue before this Court. The claim by the assessee at 60% is acceptable. Thus, for the above reasons, we find that since in respect of percentage on depreciation claimed in respect of the very same machinery has been permitted for the earlier years and affirmed by the Division Bench, the the Revenue cannot take a difference stand. - Decided in favour of assessee.
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