M/S. DINAMALAR,CHENNAI vs. ACIT, TIRUNELVELI

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ITA 3121/CHNY/2016Status: DisposedITAT Chennai31 July 2019AY 2010-113 pages

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

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision, following its own prior ruling on a similar issue for a different assessment year. The assessee's representative did not press other grounds of appeal.

What were the facts?

The assessee, a publisher, claimed 60% depreciation on computer peripherals. The Assessing Officer restricted this claim to 15%. The CIT(A) dismissed the assessee's appeal, following a previous ITAT decision in the assessee's own case.

What were the issues?

The primary issue was the correct rate of depreciation applicable to computer peripherals. The assessee also did not press other grounds of appeal.

Which sections of the Income-tax Act were involved?

Not specified

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘B’ BENCH: CHENNAI

Before: SHRI GEORGE MATHAN & SHRI S. JAYARAMAN

Hearing: 20.06.2019Pronounced: 31.07.2019

आयकर अपील�य अ�धकरण, ‘बी’ �यायपीठ, चे�नई। IN THE INCOME TAX APPELLATE TRIBUNAL ‘B’ BENCH: CHENNAI �ी जॉज� माथन, �या�यक सद�य एवं �ी एस जयरामन, लेखा सद�य के सम� BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER AND SHRI S. JAYARAMAN, ACCOUNTANT MEMBER आयकर अपील सं./ Year: 2010-11 M/s. Dinamalar, Vs. Asst. Commissioner of Income 5D, Trivandrum Road, Tax, Tirunelveli – 627 003. Circle-1, Tirunelveli. [PAN: AAAFD 6640H] (अपीलाथ�/Appellant) (��यथ�/Respondent) अपीलाथ� क� ओर से/ Appellant by : Shri Arjun Raj, CA for Shri Sridhar, Advocate ��यथ� क� ओर से /Respondent by : Shri Abijit Rakshit, JCIT सुनवाई क� तार�ख/Date of Hearing : 20.06.2019 घोषणा क� तार�ख /Date of Pronouncement : 31.07.2019 आदेश / O R D E R PER SHRI S. JAYARAMAN, ACCOUNTANT MEMBER:

The Assessee filed this appeal against the order of the Commissioner of Income Tax (Appeals)-3, Chennai, in dated 12.09.2016 for the assessment year (AY) 2010- 11.

2.

M/s. Dinamalar, the assessee, a firm, is engaged in the business of publishing Tamil daily called “Dinamalar”. The only issue in this appeal is that while making the assessment for AY 2010-11, the Assessing Officer (AO) restricted the claim of depreciation from 60% to 15% on certain computer peripherals/attachments. Aggrieved against that order, the assessee filed an appeal before CIT(A). The ld. CIT(A) dismissed the appeal following the decision of the Hon'ble Tribunal in dated 14.01.2016 in the assessee’s own case for AY 2011-12. Aggrieved against that order, the assessee filed this appeal.

3.

The ld. Authorised Representative of assessee fairly submitted that the impugned issue is decided against it by this ITAT. He did not press the other grounds of appeal and to that extent he made due endorsement in the record.

4.

We heard the rival submissions and gone through the relevant material on record. On similar issue, this tribunal has decided against the assessee in its case in dated 14.01.2016 for AY 2011-12. Since there is no variation in the facts and in law, therefore, following the above order, the assessee’s appeal is dismissed. Since, the Ld AR has not pressed the other grounds of appeal, they are treated as withdrawn and hence dismissed.

5.

In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the open Court on 31st July, 2019 in Chennai.

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