ESENSE LEARNING P.LTD,MUMBAI vs. ACIT 6(2)(2), MUMBAI

PDF · subscribers
ITA 7055/MUM/2016Status: DisposedITAT Mumbai24 June 2019AY 2012-135 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that computer projectors are integral parts of a computer system and are eligible for 60% depreciation. However, computer trolleys were not considered part of the computer system and were only eligible for 15% depreciation.

What were the facts?

The assessee claimed 60% depreciation on computer projectors and trolleys. The Assessing Officer allowed only 15% depreciation. The CIT(A) upheld this decision, leading to the assessee's appeal.

What were the issues?

The primary issue was the rate of depreciation applicable to computer projectors and computer trolleys. The assessee argued they should be treated as computer peripherals eligible for higher depreciation.

Which sections of the Income-tax Act were involved?

Section 143(1),Section 143(2),Section 142(1)

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(1)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, “E” BENCH, MUMBAI

Before: SHRI M. BALAGANESH, AM & SHRI AMARJIT SINGH, JM

For Appellant: Shri Sanjay Parikh
Hearing: 02/05/2019Pronounced: 24/06/2019

O R D E R

PER AMARJIT SINGH, JM:

1.

The assessee has filed the present appeal against the order dated 24.08.2016 passed by the Commissioner of Income Tax (Appeals) -12, Mumbai [hereinafter referred to as the “CIT(A)”] relevant to the A.Y.2012- 13.

2.

The assessee has raised the following grounds: - “

1. Ground No.1 Depreciation on Computer Projector restricted to 15% (i) The Hon’ble CIT(A) erred in facts and in law, in confirming the depreciation on computer projector at A.Y.2012-13 Rs.31,19,188/- @ 15% as against depreciation @ 60% claimed by your appellant of Rs.1,24,76,754/-. (ii) The Hon’ble CIT(A) failed to appreciate that the projector is an output device of computer system and falls within the definition of computer as per the Information Technology Act, and hence the depreciation claimed by your appellant @ 60% may please be allowed. (iii) Your appellant prays that the disallowance made may please be deleted and the depreciation claimed may please be allowed.

2. Ground No.2 Depreciation on Computer Trolleys restricted to 15% The Hon’ble CIT(A) erred in facts and in law, in (i) confirming the depreciation on computer projector at Rs.8,78,724/- @ 15% as against depreciation @ 60% claimed by assessee of Rs.35,14,901/- @ 60%. (ii) The Hon’ble CIT(A) failed to appreciate that the trolleys were a part of the kit to keep the whole class room training kit in a user friendly & safe manner & hence is as an ancillary equipment and depreciation @ 60% may please by allowed. Your appellant prays that the disallowance made may please be deleted and the depreciation claimed may please be allowed.”

3. The brief facts of the case are that the assessee filed its return of income on 30.09.2012 declaring net loss to the tune of Rs.7,22,19,994/-. The assessment of the assessee was processed u/s 143(1) of the I.T. Act, 1961. Thereafter, the case was selected for scrutiny under CASS. Notices u/s 143(2) & 142(1) of the Act were issued and served upon the assessee. The assessee company is engaged in the business of Publishers, Creators of Educational contents, CD ROM, Set of Digital Classroom in Schools. The digital classroom set-up includes providing hardware technology i.e. computer, projector, speaker, power backup etc. and digital content. The assessee claimed the depreciation @ of 60% of the projectors of the 2 A.Y.2012-13 Computer Trolly etc. The notice was given to the assessee and after reply of the Assessee, the claim of the depreciation was allowed to the extent of 15%. The loss of the assessee was assessed to the tune of Rs.(- )6,02,26,251/-. Feeling aggrieved, the assessee filed an appeal before the CIT(A) who dismissed the appeal of the assessee, therefore, the assessee has filed the present appeal before us.

More judgments on Section 142(1)

All 17,244 judgments and leading authorities on Section 142(1) →

Recent GST High Court judgments

Search GST case law →