DEPUTY COMMISSIONER OF INCOME TAX Vs. INTERNATIONAL TRAVEL HOUSE
LAWS(IT)-2014-5-37
INCOME TAX APPELLATE TRIBUNAL
Decided on May 09,2014

DEPUTY COMMISSIONER OF INCOME TAX Appellant
VERSUS
International Travel House Respondents

JUDGEMENT

A.D.JAIN,JM. - (1.) THIS is Department's appeal for Assessment Year 2008 -09 against the order dated 26.4.2013, passed by the Ld. CIT (A) -XV, New Delhi, taking the following grounds of appeal: - "1. On the facts and circumstances of the case and in law, the ld.CIT (A) has erred in deleting the disallowance of Rs.1,10,177/ - made on account of depreciation on computer accessories.
(2.) ON the facts and circumstances of the case and in law, the ld.CIT (A) has erred in deleting the disallowance of Rs.23,04,021/ - made under section 14A r.w. Rule 8D." 2. So far as regards Ground No.1, the assessee claimed depreciation @ 60% on computer, UPS and printers, etc. The AO, however, held that UPS, printers, etc., are not part of computer, but part of machinery, allowed depreciation @ 15%. The ld. CIT (A) accepted the claim of the assessee and allowed the depreciation claimed at 60%.
(3.) THE matter, it is seen, is covered in favour of the assessee by the following decisions: - '1.CIT vs. BSES Rajdhani Powers Ltd.', 1266/2010; 2. 'CIT vs. Orient Ceramics and Ind. Ltd.', 200 Taxman 64; 3. 'CIT vs. Citicorp Maruti Finance Ltd.', ITA 1712 and 1714/2010; 'CIT vs. BSES Yamuna Powers Ltd.', ITA No.1267/2010;;


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