TMI Blog2017 (8) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities. Before us also no documentary evidence in support in claim of the requirement of the said asset being part of power transmission system has been produced. In view of the failure on the part of the assessee to produce documentary evidence in support its claim of depreciation at the rate of 80% on Routers bridges etc., no error in the order of the CIT-(A). The contention of the assessee to follow the order of the CIT-(A) in subsequent year in view of the rule of consistency also cannot be accepted as we are required to adjudicate the issue in view of the facts before us and the decision of the CIT-(A) in subsequent year is not binding on us. Accordingly, we dismiss the ground No.1 of the appeal. - ITA No. 6083/Del/2015 - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant period, the assessee was engaged in the business of trading and/or giving away on rental of intelligence and networking devices like Routers, bridges, switched and firewalls etc. The assessee filed return of income electronically on 30/06/2012 declaring total income of ₹ 29,52,710/-. The case was selected for scrutiny and notice under section 143(2) of the Income-tax Act, 1961 (in short the Act ) was issued and complied with. On perusal of the Tax Audit Report in form No. 3CD, the Assessing Officer observed that the assessee had claimed depreciation amounting to ₹ 1,28,83,086/- on Routers and IT Intelligence devices at the rate of 80%. The assessee contended that as per sub-clause (k), the Appendix-I of Rule 5 of Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the assessee do not qualify for claim of deduction at the rate of 80% as laid down in sub-clause (k) of Appendix-I of Rule -5 of Income Tax Rules. 5. We have heard the rival submission and perused the relevant material on record. The depreciation u/s 32 of the Act on various assets or block of assets is allowed on the rates as prescribed in Rule 5 of the Rules. The Rule 5 has specified rate of depreciation on different assets / block of assets in Appendix-I. The said Rule reads as under: 5. (1) Subject to the provisions of sub-rule (2), the allowance under clause (ii) of sub- section (1) of section 32 in respect of depreciation of any block of assets shall be calculated at the percentages specified in the second colu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hinery and plant other than those covered by some items (2), (3) and (8) below 15% (2) Motor Cars , other than those using the business of running them on hire, acquired or put to use after first day of April 1990 15% (3) (4) To (7) (8) (i) to (viii) . (ix) Energy-saving devices being- A. Specialised boilers and furnaces B. Instrumentation monitoring system for monitoring energy flows ..... X X X X Extracts X X X X X X X X Extracts X X X X
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