ASSISTANT COMMISSIONER OF INCOME TAX , CENTRAL CIRCLE-2, LUDHIANA, LUDHIANA vs. RADIANT DIGITEK NETWORK LIMITED, KOTA,, RAJASTHAN

Whether upon the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting addition of Rs. 14,07,52,908/- made by AO by restricting the depreciation on Set Top Box @ 15% under the block "Plant & Machinery" instead of @ 60% claimed by assessee? 2. Whether upon the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in upholding that the depreciation on Set Top Boxes, Remote Control and Other related equipment is allowed @60% and not 15% under the block "Plant & Machinery"? 3. Whether upon the facts and circumstances of the case and in law, the order of Ld. CIT(A) is perverse in holding that the order of Hon'ble ITAT in ITA No. 547/Chd/2017 dated 06.05.2020 in the case of M/s Fastway Transmission (P) Ltd has attained finality whereas revenue has filed appeal against the said ITAT Order before the Hon'ble Punjab & Haryana High Court, which is still pending for adjudication? 4. The appellant craves leave to add, amend, modify, vary, omit or substitute any of the aforesaid grounds of appeal at any time before or at the time of hearing of appeal. 3. A perusal of the above grounds of appeal shows that the issue involved in this appeal is relating to depreciation of Set Top Boxes, which is squarely covered by the decision of Coordinate Bench of Tribunal in M/s Fastway Transmission (P) Ltd in ITA No.547/Chd/2017 vide order dated 06.05.2020 (incidentally authored by one of us, i.e. the Judicial Member) The Revenue has contended that the said order has not attained finality as the Revenue has approached the High Court against the said order. May it be so, as on the date, the said order dated 06.05.2020 of the Coordinate Bench of Tribunal holds good, and the Ld. CIT(A), following the principles of judicial precedent, has relied upon the said order and hence, allowed the appeal of the assessee. No distinguishing fact or case law has been brought before us which may justify our departure from the earlier order of the Tribunal.

In view of this, there is no merit in the appeal of the Revenue and the same is hereby dismissed. Order is pronounced under provision of Rule 34 of ITAT Rules, 1963 on 26/05/2026.