MS. GENPACT INDIA,,NEW DELHI vs. DCIT, NEW DELHI

ITA 4060/DEL/2016Status: DisposedITAT Delhi29 April 2024AY 2011-12Bench: SHRI M. BALAGANESH (Accountant Member), SHRI YOGESH KUMAR US (Judicial Member)33 pages
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What did the Tribunal hold?

The Tribunal held that the provision for customer discounts was a lesser realization of sale price and crystallized during the year, following Supreme Court and High Court precedents. It also held that computer peripherals form part of integrated computer systems eligible for computer depreciation, following High Court decisions.

What were the facts?

The assessee claimed deduction under Section 10A/10AA of the Income Tax Act. The Assessing Officer made certain disallowances, including provision for customer discounts and excess depreciation on computer peripherals. The CIT(A) deleted these disallowances. The Revenue appealed against these deletions.

What were the issues?

Whether provision for customer discounts is deductible and if computer peripherals are eligible for computer depreciation.

Which sections of the Income-tax Act were involved?

Section 10A,Section 10AA,Section 115-O,Section 234B,Section 234C,Section 234D,Section 92CA

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Income Tax Appellate Tribunal, DELHI BENCH “B”: NEW DELHI

Before: SHRI M. BALAGANESH & SHRI YOGESH KUMAR US

For Appellant: Shri Waseem Arshad, CIT(DR)
Hearing: 29.04.2024

PER M. BALAGANESH, AM:

The captioned cross-appeals, preferred by the assessee as well as the Revenue,

are directed against the order of learned Commissioner of Income Tax (Appeals)-4,

New Delhi, dated 16.05.2016, arising out of order dated 31.03.2015, passed by the Assessing Officer u/s 143(3) of the Income-tax Act, 1961, pertaining to the assessment

year 2011-12. Both the appeal

The order continues below.

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