DIMPLE VISHAL AGRAWAL,VADODARA vs. THE ITO, WARD-1(2)(4), VADODARA

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ITA 251/AHD/2020Status: DisposedITAT Ahmedabad08 December 2020AY 2013-144 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the machine was a multi-functional printer and entitled to 60% depreciation, as its photo-stating capability was an added function. The CIT(A) failed to comprehend the true nature of the asset.

What were the facts?

The assessee claimed depreciation at 60% on a Xerox machine (WV-5745), but the AO and CIT(A) allowed only 15%. The assessee argued it was a multi-functional printer, not just a Xerox machine.

What were the issues?

The primary issue was the correct rate of depreciation applicable to a multi-functional printer, and whether its nomenclature as a 'Xerox machine' precluded a higher depreciation rate.

Which sections of the Income-tax Act were involved?

Section 32

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AHMEDABAD – BENCH ‘SMC’

Before: SHRI RAJPAL YADAV

For Appellant: Shri Parin Shah, AR
For Respondent: Shri Dileep Kumar, Sr.DR
Hearing: 23/10/2020

सुनवाई क� तार�ख/Date of Hearing : 23/10/2020 घोषणा क� तार�ख /Date of Pronouncement : 9/ 12/2020 O R D E R

Assessee is in appeal before the Tribunal against order of the ld.CIT(A)-5, Vadodara dated 29.1.2020 passed for the Asstt.Year 2013-14.

2.

Sole grievance of the assessee is that the ld.CIT(A) has erred in confirming the allowance depreciation at the rate of 15% as against 60% claimed by the assessee on xerox machine WV-5745.

3.

Brief facts of the case are that the assessee has filed her return of income on 14.9.2013 declaring total income at Rs.8,80,560/-. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) was issued and served upon the assessee. On scrutiny of the accounts, it revealed to the AO that the assessee has claimed depreciation at the rate of 60% whereas in his opinion depreciation at the rate of 15% is available on these printers, xerox-machine etc. The details of asset, rate of depreciation claimed, and allowed by the AO has been noticed by the CIT(A) on page no.2 of the impugned order. Such details read as under:

Difference Depreciation of the Depreciation Allowable asset claimed @ of 60% depreciation @ of 15% Amount in Rs. 20,603 15,453 B/w Laser Plotter 5,150

Digital Video recorder 7,428 1,857 5,571 Oce’ plptwave 3,78,000 94,500 2,83,500 Xerox mahines 3,92,030 98,007 2,94,023

1,89,000 47,250 1,41,750 Xerox WV_5745 7,40,297 Total

4.

In this way, the ld.AO has disallowed a sum of Rs.7,40,297/-. However, on appeal, the ld.CIT(A) confirmed the disallowance on Xerox machine WV-5745 i.e. last item in the table. The assessee has claimed depreciation at Rs.1,89,000/-. The ld.CIT(A) concurred with the AO on this item of asset for the purpose of admissibility of depreciation. This appeal was heard in physical court on 23.10.2020. The ld.counsel for the assessee while impugning the disallowance took me through invoice of the machines vide which it has purchased. He thereafter drew my attention towards specification and the nature of the asset. He pointed out that it is not xerox machine simplicitor, rather it is a multi-functional printer which can do photo-state work as well as printing if attaches with printer. Therefore, the ld.CIT(A) has erred in taking cognizance of the nature of this machinery. He further relied upon the decision of ITAT, Ahmedabad Bench in the case of Smt.Mamta Nirajkumar Agrawal Vs. ITO, & 376/Ahd/2017. In this case also, the assessee has given nomenclature of its printer as copier. The Tribunal allowed depreciation at the rate of 60% by observing that nomenclature of the machinery in the books cannot be a decisive factor, rather it is the nature of the asset which is to be determined, and thereafter rate of depreciation be decided. On the other hand, the ld.DR relied on the orders of the Revenue authorities.

5.

On due consideration of the above and circumstances, I am of the view that the assessee is entitled for depreciation at the rate of 60% of this alleged xerox machine WV-5745. The simple reason is that the ld.CI(A) failed to comprehend true nature of this asset. It has been treated as photo-state machine without going through literature of the machine supplied by the manufacturer. According to the manual, it is multi-functional printer. Its feature to make photo-state of a paper is an added activity. It is also pertinent to observe that admissibility of depreciation at the rate of 60% is not disputed by the ld.CIT(A). The ld.CIT(A) has granted this rate of depreciation on all other assets, which are treated as peripheral of the computer. To my mind, this asset cannot be excluded for the reasons assigned by ld.CIT(A). It is to be treated as an integral part of the computer system which helps printing from the computer connected with it. Therefore, I allow this appeal, and delete disallowance.

6.

In the result, appeal of the assessee is allowed.

Pronounced in the Open Court on 9th December, 2020.

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