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2015 (10) TMI 1601

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..... our of assessee. Restricting the depreciation on UPS at 15 per cent - Held that:- We hold that UPS being part and parcel of computer system, depreciation allowable on UPS is at 60 per cent. as prescribed for computers. There are number of decisions of different Benches of the Income-tax Appellate Tribunal including Hyderabad Benches expressing similar view. In the aforesaid view of the matter, we allow the assessee's claim of depreciation at 60 per cent.- Decided in favour of assessee. Computation of deduction under section 10A - Held that:- We direct the Assessing Officer to compute deduction under section 10A of the Act by reducing internet charges and onsite expenses both from export turnover and total turnover. - Decided in favour .....

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..... ployees belatedly for the month of April, May, June and October 2007. Referring to the provisions of section 36(1)(va) read with section 2(24)(x) of the Act, the Assessing Officer disallowed the amount of ₹ 2,16,412. Being aggrieved of such disallowance, the assessee preferred an appeal before the learned Commissioner of Income-tax (Appeals). The learned Commissioner of Income-tax (Appeals) also confirmed the disallowance. 5. The learned authorised representative submitted before us, if the employees' contribution to provident fund is remitted within the due date of filing of return of income as provided under section 139(1) of the Act, the same would be an allowable deduction as per section 43B of the Act. In this context, he .....

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..... puter system. Though, the assessee challenged the decision of the Assessing Officer before the learned Commissioner of Income-tax (Appeals), but, he also confirmed the view expressed by the Assessing Officer. 10. We have considered the submissions of the parties and perused the materials on record. We hold that UPS being part and parcel of computer system, depreciation allowable on UPS is at 60 per cent. as prescribed for computers. There are number of decisions of different Benches of the Income-tax Appellate Tribunal including Hyderabad Benches expressing similar view. In the aforesaid view of the matter, we allow the assessee's claim of depreciation at 60 per cent. 11. In grounds Nos. 5 and 6, the assessee has challenged the de .....

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..... see has challenged the disallowance of an amount of ₹ 2,32,344 being employees' contribution of provident fund under section 36(1)(va) of the Act. 16. As this ground is similar to the ground No. 3 in I. T. A. No. 218/Hyd/15, following the conclusions drawn therein vide para No. 7, we delete the addition of ₹ 2,32,344 made by the Assessing Officer towards the employees' contribution to provident fund. 17. The next issue as raised in ground No. 4 relates to restricting the depreciation on UPS at 15 per cent. 18. This ground is also similar to the ground No. 4 raised in I. T. A. No. 218/ Hyd/2015. Therefore, following the conclusions drawn therein vide paragraph 10, we allow the assessee's claim of depreciation .....

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