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TMI Blog2017 (8) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... rs and IT Intelligence devices. 1. That on the facts and in the circumstances of the case and in law, learned CIT-A erred in not deleting the unlawful addition of Rs. 32,20,772/- made on basis of conjectures and surmises being disallowance of 20% Depreciation (towards consideration of depreciation rate @ 60% instead of 80%) on Routers and IT Intelligence devices. That the A.O. is not justified in making addition of Rs. 32,20,772/- towards consideration of depreciation rate @ 60% instead of 80%. However, the rate of 80% is clearly stated in rule 5 (rule describing rate of depreciation). 2. That the appellant craves leave to add, to amend, modify, rescind, supplement or alter any of the grounds stated herein above, either before or at t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ved, the assessee is in appeal before the Tribunal raising the grounds as reproduced above. 3. Before us, the learned counsel filed a paper book containing pages 1 to 21. The learned counsel submitted that Routers etc. are energysaving devices and in support of that he referred to page 13 to 21 of the paper book which are pages downloaded from the website of the CISCO company. The learned counsel submitted that in assessment year 2012- 13, the Ld. CIT-(A) has accepted the contention of the assessee and allowed the depreciation at the rate of 80% and, thus, rule of consistency should be applied and depreciation at the rate of 80% should be allowed to the assessee in the year under consideration also. 4. The Ld. Senior DR, on the other ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the head 'plant and machinery', there is an entry of energy-saving devices at clause (ix). Under this clause, sub-clause E(k) has specified rate of depreciation of 80% on routers/bridges and other equipments for power transmission systems. For verification, it is important to reproduce the relevant part of the Appendix-I as under: " Block of Assets Depreciation allowance as percentage of written down value PART-A TANGIBLE ASSETS I. Building .......................... II. Furniture and Fittings.............................. III. Machinery and Plant (1) Machinery 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 runni ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt its claim of depreciation at the rate of 80% on Routers bridges etc., we do not find any error in the order of the Ld. CIT-(A). The contention of the assessee to follow the order of the Ld. 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 Ld. CIT-(A) in subsequent year is not binding on us. Accordingly, we dismiss the ground No.1 of the appeal.
8. The ground No. 2 of the appeal being general in nature we are not required to adjudicate upon.
9. In the result, appeal of the assessee is dismissed.
The decision is pronounced in the open court on 28th August, 2017. X X X X Extracts X X X X X X X X Extracts X X X X
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