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COMMISSIONER OF INCOME TAX Versus M/s CAIRS COMPUTER AIDED INFORMATION & SERVICES PVT LTD

Claim for depreciation - AO disallowed this on the ground that the assessee was unable to demonstrate that the machinery claimed to have been used by it was in fact owned or acquired by assessee for its business - ITAT allowed claim - Held that:- It is a matter of record that for AY 2006-07 and 2007-08, the assessments were completed under Section 143(3) after due enquiries were conducted by the AO. There is nothing on the record to suggest that those were either erroneous or based on premises w .....

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MR. JUSTICE R.K.GAUBA JJ For The appellant :-Mr. Rohit Madan, Mr. Ruchir Bhatia,and Mr. P Roy Chaudhury, Advs. ORDER 1. The revenue is aggrieved by the order of the Income Tax Appellate Tribunal (ITAT). It contends that claim for depreciation for assessment year (AY) 2008-09 was, in the circumstances of the case, wrongly permitted. The revenue s appeal against the order of the CIT(Appeals) was rejected by the impugned order. 2. The assessee provides online lottery services on behalf of Nagaland .....

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assessee s contention was that the machinery was provided to sub-distributor at that site for use by the customers. 3. The assessee s appeal to the CIT(Appeals) was allowed, who took note, inter alia, of two facts i.e. for AY 2006-07 and 2007-08, depreciation had been allowed in scrutiny assessment and that for AY 2009-10 i.e. the subsequent year, in the reply to queries under Section 133(6), one of the assessee s sub-distributors had confirmed that the machinery on the site was provided. The re .....

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ed and the assessments were framed u/s 143(3). c. The impugned assets became part of the block of assets and any question in subsequent year about the ownership is meaning less, therefore, we are unable to sustain the finding of the assessing officer that assets were not owned by the assessee. 6.1. Adverting to the issue about user of impugned assets towards the assessee s business of online lottery the assessee has demonstrated the use of the assets along with the subdistributor. The subsequent .....

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