ASIANET SATELLITE COMMUNICATIONS PRIVATE LIMITED ,TRIVANDRUM vs. ASSISTANT COMMISSIONER OF INCOME TAX - CIRCLE 1 (1), TRIVANDRUM

आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. Aforesaid appeal by assessee for Assessment Year (AY) 2014-15 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 12-08-2021 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s.143(3) of the Act on 19-12-2016. The

ITA No.199/Coch/2021 - 2 - registry has noted minor delay of 38 days in the appeal which stand condoned considering the period of delay. 2. The Ld. AR advanced arguments supporting the case of the assessee. The Ld. Sr. DR has controverted the arguments of Ld. AR. Having heard rival submissions, the appeal is disposed-off as under. 3. The first issue in the appeal is depreciation claim on set-top boxes. The assessee claimed depreciation at the rate of 60% for HD PDS and HD DVR which was rejected on the ground that this rate is applicable only for computer and computer peripherals. These devices, in assessee’s case, could be connected to television that facilitate recording of programmes. Accordingly, the excess depreciation claim of Rs.134.16 Lacs was disallowed. The Ld. CIT(A), following certain decision of Cochin Tribunal, confirmed the stand of Ld. AO. The assessee submitted that similar claim was disallowed in earlier years and therefore, the disallowance so made from AYs 2008-09 to 2013-14 was to be added to opening WDV and additional depreciation should be granted. The same was worked out to Rs.13.14 Lacs. However, Ld. CIT(A) refused to issue any such direction on this count. Aggrieved, the assessee is in further appeal before 4. The Ld. AR has submitted that the assessee has accepted that the applicable rate is 15% only. However, similar disallowance was made in earlier years and accordingly, the differential depreciation of 45% so disallowed is to be added to opening WDV and depreciation is granted on that portion also. The demand made by the assessee is logical since excess depreciation disallowed in earlier years should be added to opening WDV and depreciation, at one point of time, is to be

ITA No.199/Coch/2021 - 3 - allowed to the assessee. Therefore, we direct Ld. AO to allow the same with a direction to the assessee to file requisite details. 5. In last ground, the assessee seeks TDs credit of Rs.15.03 Lacs which is reflected in Form 26AS. For the same, it would be sufficient on our part to direct Ld. AO to allow credit in accordance with law. 6. The appeal stand allowed in terms of our above order. Order pronounced on 30th November, 2022.

Sd/- Sd/- (SATBEER SINGH GODARA) (MANOJ KUMAR AGGARWAL) -ाियक सद. /JUDICIAL MEMBER लेखा सद. / ACCOUNTANT MEMBER िदनांक / Dated : 30-11-2022 EDN/- Copy to: 1. The Appellant 2. The Respondent 3. The CIT(A) -NFAC, Delhi 4. The CIT - 5. The DR, ITAT, Cochin 6. Guard File