TMI Blog2016 (7) TMI 1471X X X X Extracts X X X X X X X X Extracts X X X X ..... procuring or canvassing for advertisement. In view of that, we do not see any reason to defer from the findings. This Ground is rejected. Disallowance of depreciation on computer accessories - Held that:- This issue is covered against the department by the orders of ITAT in earlier years. Since accessories like printers, scanners and modems etc., are part of computer machinery, Assessee is eligible for depreciation at 60%. Accordingly, the ground is rejected. Disallowance of employees contribution to ESI - AO disallowed the above amount holding that the amounts were paid beyond the due date - Held that:- As relying on assessee's own case since the payments are made within the year, the amendment brought to the Act is equally applicab ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpanies including the unpaid liability. The demerged companies viz., Eenadu Television Pvt. Ltd., Prism TV Pvt. Ltd., and Panorama TV Pvt. Ltd., reflected the payments in their books. Since the amount was transferred to the account of demerged companies and since there was no claim for deduction for the impugned amount in computing total income in assessee’s case, the order of CIT(A) is to be upheld. As assessee submitted additional evidence to explain the entries in assessee books and its demerged companies, we are of the opinion that this can be examined by the AO. - I.T.A. No. 1598/HYD/2014 - - - Dated:- 27-7-2016 - SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI LALIET KUMAR, JUDICIAL MEMBER For Revenue : Smt. S. Narasamma, DR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curing or canvassing for advertisement. In view of that, we do not see any reason to defer from the findings. This Ground is rejected. Ground No. 2: 4. This ground pertains to disallowance of depreciation on computer accessories amounting to ₹ 5,27,929/-. Assessee purchased the accessories like printers, scanners, modems and routers etc., and claimed depreciation under the head computers at 60%. AO held that these are Plant Machinery and allowed depreciation at 15%. Ld. CIT(A) following the order of ITAT in earlier years i.e., ITA No. 426/H/2010 dt. 09-07-2012 and also ITA No. 1552/H/2010 (supra), deleted the disallowance and allowed the depreciation at 60%. 4.1. This issue is covered against the department by the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of disallowance of ₹ 11,14,301/- being employees gratuity payment stating that the amount really pertains to current year but was mistakenly booked under prior period expenditure . Assessee it seems paid an amount of ₹ 19,00,263/- in the immediately preceding previous year from the group gratuity premium which related to period 01-11-2009 to 31- 10-2010. Part of the amount pertaining to earlier year was claimed in financial year 2009-10 and balance ₹ 11,14,301/- in the current year. Since the payment was made in the earlier year, it was accounted as prior period expenditure but the amount pertains to the current year s liability. Accordingly, we do not find any reason to defer from the findings of the Ld. CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eceived, net amount of ₹ 1,35,67,598/- was transferred to the accounts of demerged companies including the unpaid liability. The demerged companies viz., Eenadu Television Pvt. Ltd., Prism TV Pvt. Ltd., and Panorama TV Pvt. Ltd., reflected the payments in their books. Since the amount was transferred to the account of demerged companies and since there was no claim for deduction for the impugned amount in computing total income in assessee s case, the order of CIT(A) is to be upheld. As assessee submitted additional evidence to explain the entries in assessee books and its demerged companies, we are of the opinion that this can be examined by the AO. In case assessee has not claimed the above amount question of disallowance does not a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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