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Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI
Before: Sh. Amit ShuklaDr. B. R. R. Kumar
Per Amit Shukla, Judicial Member:
The present appeal has been filed by the revenue against the order of the ld. CIT(A)-2, New Delhi, dated 30.04.2015.
Following grounds have been raised by the assessee:
1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in deleting the addition of Rs. 1,60,60,250/- on account of excess depreciation.
2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in directing to allow depreciation on EPABX machines @ 60% considering as computer peripherals ignoring that the assessee itself claimed depreciation @ 15% upto assessment year 2009-10 on EPABX machines.”
2 Clixxo Broadband Pvt. Ltd. 3. At the outset, it was brought to the notice of bench by the ld. AR that the assessee has filed application under the “Direct Tax Vivad se Vishwas Act 2020” and has already submitted Form 1 and 2.
Keeping in view the exercise of option by the assessee to opt for the scheme, the appeal of the revenue is being dismissed as infructuous with liberty to revenue to approach the Tribunal in case the “Form 3” has not been issued by the designated authority.
In the result, the appeal of the revenue is dismissed. Order Pronounced in the Open Court on 10/11/2020.