TMI Blog2019 (7) TMI 1389X X X X Extracts X X X X X X X X Extracts X X X X ..... lesser rate of depreciation has been prescribed which are also operated by computers/ laptops. There are a number of items which attract 40% depreciation although those items cannot be operated without help of computer such as life saving medical equipments, energy saving devise etc. There are also certain plant and machinery on which 30% depreciation has been prescribed which also cannot operate without the help of computers. Therefore, the arguments of the Ld. Counsel for the assessee that since the LED walls, projectors, accessories etc cannot function without the help of computer/ laptop and therefore is entitled for depreciation @ 60% is not correct. Since no separate rate of deprecation has been prescribed for LED wall, projectors / ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... preciation on assets namely LED wall @ 60%, projector and Accessories @ 60%, Sound and Access @ 60% and Voter Pad @60%. As per the rates of depreciation defined under the Income Tax Rule, 60% rate of depreciation is categorized for plant and machinery of the nature of computers including computer software and certain categories of Commercial Vehicles and Books . However, the above assets on which the assessee has claimed depreciation @60% do not fall in any of the above category. He therefore, held that the assessee is not entitled to claim depreciation @ 60% on LED wall and accessories and confronted the same to the assessee. Rejecting the various explanations given by assessee and observing that LED wall is not a computer or an integ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee submitted that the LED wall, Projectors and Accessories etc are operated through software and function through laptop or any other computer and the LED wall cannot function independently. Referring to the decision of the Delhi Bench of the Tribunal in the case of DCIT Vs. M/s. Crabtree India Ltd. in ITA No.1340/Del/2013 order dated 14.03.2014 he submitted that the Tribunal has held that video conferencing equipment are entitled for depreciation @60%. 6. Referring to the decision of Hon ble Supreme Court in the case of CIT Vs. Karnataka Power Corporation reported in 247 ITR 268, he submitted that the Hon ble Supreme Court has held that where it is found that a building has been so planned and situated as to serve ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground that these are not integral part of computer to qualify for higher rate of depreciation. According to him these items on which depreciation @60% has been claimed are independent electronic machines which may be used with or without the help of computer but these are neither computer nor computer accessories or peripherals which form an integral part of the computer. I find the Ld. CIT(A) upheld the action of the Assessing Officer in not allowing deprecation @ 60% on such LED wall, projectors and accessories etc. I do not find any infirmity in the order of the CIT(A) on this issue. The rate of depreciation has been prescribed under the new appendix-1 of Income Tax Rules 1962 where different rates are prescribed for different plant, m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder :- 1. That the impugned order is against facts and bad in law. 2. That on the facts and circumstances of the case and legal position, the learned CIT(A) has erred in confirming the addition of ₹ 11,41,177/- on account of depreciation on LED wall, projector and accessories etc. allowed by the AO @ 15% as against claimed @ 60% as applicable to computers. 3. The appellant craves leave to add, alter amend or vary the above grounds of appeal before or at the time of hearing. 11. After hearing both the sides I find the grounds raised by the assessee are identical to the grounds raised by the assessee in ITA No.601/Del/2019. I have already decided the issue and the ground ..... X X X X Extracts X X X X X X X X Extracts X X X X
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