ACIT, NEW DELHI vs. M/S. CLIXXO BROADBAND PVT. LTD., DELHI

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ITA 4997/DEL/2015Status: DisposedITAT Delhi10 November 2020AY 2012-132 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal dismissed the Revenue's appeal as infructuous. This was because the assessee had opted for the Direct Tax Vivad se Vishwas Act, 2020, and filed the necessary forms.

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of an addition on account of excess depreciation. The assessee had claimed depreciation on EPABX machines at 60%, considering them computer peripherals, whereas previously they claimed 15%.

What were the issues?

Whether the CIT(A) erred in deleting the addition on account of excess depreciation and allowing depreciation on EPABX machines at 60%.

Which sections of the Income-tax Act were involved?

Not explicitly mentioned in the provided text, but relates to depreciation provisions.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: Sh. Amit ShuklaDr. B. R. R. Kumar

For Appellant: Ms. Monica Ghai, CA
For Respondent: Dr. Sohail Malik, Sr. DR
Hearing: 05.11.2020Pronounced: 10.11.2020

Per Amit Shukla, Judicial Member:

1.

The present appeal has been filed by the revenue against the order of the ld. CIT(A)-2, New Delhi, dated 30.04.2015.

2.

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.

4.

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.

5.

In the result, the appeal of the revenue is dismissed. Order Pronounced in the Open Court on 10/11/2020.

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