CIT vs. BIRLASOFT LTD
No AI summary yet for this case.
. 15.12.2011 . . .
The question raised in the present appeal is whether the computer peripherals like CD writer, Printer, Network Cables, switches, isolators etc. are entitled to depreciation @ 60% or depreciation at the normal rate applicable to plant and machinery. .
In view of the decision of this Court in CIT v. BSES Rajdhani Power Limited, ITA No.1266/2010, this question has to be decided against the Revenue and in favour of the assessee. It may also be noted that the Revenue had preferred ITA No. 71/2010 in case of the assessee which has been dismissed vide order dated 6.1.2011. .
At this stage, learned counsel for the revenue submitted that racks have been included and treated as computer peripherals. It appears that this contention was not raised by the revenue before the ITAT.
Break up, precise particulars/facts on the said aspect are not on record.
We decline to interfere. However, liberty is granted to the Revenue to file an application under Section 254(2) of the Act before the tribunal, if permissible. It is clarified that this Court has not expressed any opinion whether or not any such application can be entertained. . . . . . SANJIV KHANNA,J . . . . . . . R.V.EASWAR, J . DECEMBER 15, 2011 . sv . $ 69 .