VALJI DUNGERSHI GALA,MUMBAI vs. ITO WARD 17(3)-5, MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal, following its own previous orders and High Court decisions, held that computer printers are part of the computer system and are eligible for depreciation at 60%. The lower authorities' orders were set aside.
What were the facts?
The assessee claimed depreciation at 60% on computer printers, treating them as computers. The Assessing Officer and CIT(A) restricted the depreciation to 15%, considering them as ordinary machines.
What were the issues?
Whether computer printers qualify as 'computers' for claiming depreciation at 60% or should be treated as ordinary machines eligible for 15% depreciation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, MUMBAI
Before: SRI MAHAVIR SINGH
O R D E R महावीर स िंह, उपाध्यक्ष / PER MAHAVIR SINGH, VP: This appeal of assessee is arising out of the order of the Commissioner of Income Tax (Appeals)]-28, Mumbai, [in short CIT(A)], in 17 dated 04.02.2019. The assessment was framed by the Income Tax Officer, Ward 17(3)(5), Mumbai (in short ITO/ AO) for the A.Y. 2013-14 vide order dated 28.12.2016 section 143(3) r.w.s 147 of the Income-tax Act, 1961 (hereinafter ‘the Act’).
The only issue in this appeal of assessee is against the order of CIT(A) upholding the action of the Assessing Officer in “On the facts, and in circumstances of the case, and in law, learned Commissioner of Income-tax (Appeal) erred in upholding action of the Assessing Officer in treating computer printers not as "computers" for the purpose of claiming depreciation but as part of the ordinary machines carrying depreciation rate of 15% and disallowing depreciation of RS. 2,189,033 as against claimed @ 60% as eligible depreciation on computers in terms of Appendix I to the Income-tax Rules 1962.”
Brief facts are that the assessee is engaged in the business of DTP, color laser, Digital printing on glass paper and outdoor printing. The Assessing Officer in the course of assessment proceedings noted that the assessee has claimed depreciation at the rate of 60% on printers and he required the assessee to explain as to why the claim not be restricted at 15% by treating the printers as ordinary machines. The assessee explained that the computer printers are in the category of computers eligible for depreciation at the rate of 60% in term of Appendix-1 to the Income Tax Rules 1962. But the Assessing Officer restricted the claim of depreciation on computer printers at the rate of 15% and disallowed the
At the outset, the learned Counsel for the assessee filed copy of Tribunal’s order in assessee’s own case for Assessment Year 2012-13 & 2013-14 in & 4553/Mum/2018 order dated 03.09.2009, wherein Tribunal following the decision of Hon'ble Madras High court allowed the claim of assessee by observing in Para 4 as under: - “4. Upon careful consideration, I find that the issue is covered in favour of the assessee by a catena of decisions from Hon'ble High Courts. In these decisions, it was held that computer peripherals like printers are part of the computer system and hence entitled for depreciation at the rate of 60%. In this regard I may refer to the following decision:-
Hon'ble Madras High Court in the case of CIT vs. Cactus Imaging India Pvt. ltd (TC No.921 & 922 of 2008 order dated 16.04.2018)
Hon’ble Delhi High Court in the case of CIT vs. Bses Yamuna Power Ltd. (ITA No. 1267 of 2010 order dated 31.08.2010).
Respectfully following the above precedent, I set aside the orders of the
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