CIT v. BSES Yamuna Power Ltd. (358 ITR 47)

Adani Enterprises Ltd., Ahmedabad vs. The Addl. CIT, Range-1, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 2305/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2010-11

…s in deleting the disallowance of depreciation on UPS for Rs.8,14,103/-. 145. Learned representatives fairly agree that this issue is also covered, in favour of the assessee, by Hon’ble Delhi High Court’s judgment in the case of CIT Vs BSES Yamuna Power Ltd (358 ITR 47), even as learned Departmental Representative vehemently relied upon the stand of the Assessing Officer. There is non contrary judicial precedent pointed out to us. In this view of the matter, and respectfully following the esteemed views of Hon’ble Delhi High Court in the case of BSES Yamuna Power (supra), we confirm the order of the CIT(A) on th…

Dy.Commissioner of Income Tax, Circle-1(1)(1), Ahmedabad vs. M/S. Adani Enterprises Ltd., Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 3480/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2009-10

Section 143(3)Section 14ASection 3

…s in deleting the disallowance of depreciation on UPS for Rs.8,14,103/-. 145. Learned representatives fairly agree that this issue is also covered, in favour of the assessee, by Hon’ble Delhi High Court’s judgment in the case of CIT Vs BSES Yamuna Power Ltd (358 ITR 47), even as learned Departmental Representative vehemently relied upon the stand of the Assessing Officer. There is non contrary judicial precedent pointed out to us. In this view of the matter, and respectfully following the esteemed views of Hon’ble Delhi High Court in the case of BSES Yamuna Power (supra), we confirm the order of the CIT(A) on th…

Adani Enterprises Ltd., Ahmedabad vs. The Addl. CIT, Range-1, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 3321/AHD/2014[2009-10]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2009-10

Section 143(3)Section 14ASection 3

…s in deleting the disallowance of depreciation on UPS for Rs.8,14,103/-. 145. Learned representatives fairly agree that this issue is also covered, in favour of the assessee, by Hon’ble Delhi High Court’s judgment in the case of CIT Vs BSES Yamuna Power Ltd (358 ITR 47), even as learned Departmental Representative vehemently relied upon the stand of the Assessing Officer. There is non contrary judicial precedent pointed out to us. In this view of the matter, and respectfully following the esteemed views of Hon’ble Delhi High Court in the case of BSES Yamuna Power (supra), we confirm the order of the CIT(A) on th…

The DCIT, Circle-1, Ahmedabad vs. Adani Enterprises Ltd., Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 1918/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2008-09

Section 143(3)Section 14ASection 3

…s in deleting the disallowance of depreciation on UPS for Rs.8,14,103/-. 145. Learned representatives fairly agree that this issue is also covered, in favour of the assessee, by Hon’ble Delhi High Court’s judgment in the case of CIT Vs BSES Yamuna Power Ltd (358 ITR 47), even as learned Departmental Representative vehemently relied upon the stand of the Assessing Officer. There is non contrary judicial precedent pointed out to us. In this view of the matter, and respectfully following the esteemed views of Hon’ble Delhi High Court in the case of BSES Yamuna Power (supra), we confirm the order of the CIT(A) on th…

Adani Enterprises Ltd., Ahmedabad vs. The Addl.CIT., Range-1, Ahmedabad

In the result, the appeal of the Assessing Officer for the assessment year 2010-11 is dismissed

ITA 1840/AHD/2012[2008-09]Status: DisposedITAT Ahmedabad12 Feb 2019AY 2008-09

Section 143(3)Section 14ASection 3

…s in deleting the disallowance of depreciation on UPS for Rs.8,14,103/-. 145. Learned representatives fairly agree that this issue is also covered, in favour of the assessee, by Hon’ble Delhi High Court’s judgment in the case of CIT Vs BSES Yamuna Power Ltd (358 ITR 47), even as learned Departmental Representative vehemently relied upon the stand of the Assessing Officer. There is non contrary judicial precedent pointed out to us. In this view of the matter, and respectfully following the esteemed views of Hon’ble Delhi High Court in the case of BSES Yamuna Power (supra), we confirm the order of the CIT(A) on th…

The ACIT, Circle-8, Ahmedabad vs. M/S. Torrent Pharmaceuticals Ltd., Ahmedabad

In the result, the appeal filed by the Assessee is partly allowed

ITA 238/AHD/2012[2006-07]Status: DisposedITAT Ahmedabad15 Jan 2019AY 2006-07

Bench: Shri Pramod Kumar & Shri Mahavir Prasad)

For Appellant: Shri Mudit Nagpal,Sr. D.RFor Respondent: Shri S.N. Soparkar &Urvashi Shodhan

Section 14ASection 35

…for the system. Each and user is inter-connected with the hub station viz. Satellite forming a star apology and stated that same is entitled for depreciation @ 60%. 8. In support of its contention, assessee also cited an order of the Delhi High Court [2013] 358 ITR 47 (Del.) where in it is held that computer accessories and peripherals such as printers, scanners and server form an integral part of the computer system. In fact, the computer accessories and peripherals cannot be used without the computer. Consequently, as they are part of the computer system, they are entitled to depreciation at the higher rate o…

DCIT, New Delhi vs. M/S. Hellmann Worldwide Logistics India P. Ltd., New Delhi

In the result, appeal filed by the learned assessing officer is dismissed

ITA 6390/DEL/2013[2007-08]Status: DisposedITAT Delhi01 Oct 2018AY 2007-08

Bench: Shri Amit Shukla & Shri Prashant Maharishidcit, Vs. Hellmann Worldwide Circle-12(1), Logistics India P. Ltd, New Delhi 110, 1St Floor, Akashdeep Building, 7, Tolstoy Marg, New Delhi Pan: Aabch7715F (Appellant) (Respondent)

For Appellant: Shri Karnik Gulati, CAFor Respondent: Shri Amit Jain, Sr. DR

Section 143Section 194C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER DCIT, Vs. Hellmann Worldwide Circle-12(1), Logistics India P. Ltd, New Delhi 110, 1st Floor, Akashdeep Building, 7, Tolstoy Marg, New Delhi PAN: AABCH7715F (Appellant) (Respondent) Revenue by : Shri Amit Jain, Sr. DR Assessee by: Shri Karnik Gulati, CA Date of Hearing 23/07/2018 Date of pronouncement 01/10/2018 O R D E R PER PRASHANT MAHARISHI, A. M. 1. This appeal is preferred by the revenue against the order of the ld CIT(A)-XXVII, New Delhi dated 25.09.2013 for the…

M/S. Nokia Siemens Networks Pvt. Ltd., Gurgaon vs. ACIT, New Delhi

Appeal of the assessee is partly allowed for statistical purpose

ITA 332/DEL/2013[2008-09]Status: DisposedITAT Delhi01 Oct 2018AY 2008-09

Bench: Shri N. K. Saini & Ms Suchitra Kamblenokia Siemens Networks Pvt. Ltd. Vs Acit 7Th Floor, Building No. 9A Circle-13(1), Room No. 406, Dlf Cyber City, Sector-25A C. R. Building, I. P. Estate Gurgaon Aaccn3871F New Delhi (Appellant) (Respondent)

Section 143(3)Section 144CSection 195Section 40

…1,44,75,008/- on the ground that they form part of the block of assets under plant and machinery, in respect of which depreciation is allowed only at 15%. Basing on the decision of the Hon’ble jurisdictional High Court in CIT vs. BSES Yamuna Power Ltd. (2013) 358 ITR 47 (Del), assessee argued before the learned DRP that these peripherals form an integral part of computer system, and therefore, 60% depreciation must be allowed. Learned CIT(A), however, observed that the issue of allowability of depreciation on computer peripherals is pending before the Hon’ble Supreme Court, and since it did not attain finality, t…

DCIT Corporate Circle 1(2), Chennai vs. Cameo Corporate Services Ltd., Chennai

In the result, the appeal of the Revenue stands dismissed

ITA 3210/CHNY/2017[2011-12]Status: DisposedITAT Chennai16 Jul 2018AY 2011-12

Bench: Shri N.R.S. Ganesan & Shri Abraham P. George] आयकर अपील सं./I.T.A. No.3210/Chny/2017 "नधा"रण वष" /Assessment Year : 2011-2012. The Deputy Commissioner Of Vs. M/S. Cameo Corporate Income Tax, Services Ltd, Corporate Circle 1(2) Subramanian Building, Chennai 600 034. No.1, Club House Road, Mount Road, Chennai 600 002. [Pan Aabcc 1754B] (अपीलाथ"/Appellant) (""यथ"/Respondent)

For Appellant: Dr. Sreedhar, IRS, JCITFor Respondent: None

…d depreciation claimed for printers, scanners and UPS. As per the ld. Departmental Representative, ld. Commissioner of Income Tax (Appeals) was not correct in relying on the judgment of Hon’ble Delhi High Court in the case of CIT vs. BSES Yamuna Powers Ltd, 358 ITR 47 and giving relief to the assessee. 3. None appeared on behalf of the assessee. 4. We have perused the orders and heard the contention of the ld. Departmental Representative. It is not disputed that depreciation claimed by the assessee at the rate of 60%, which was disallowed by :- 3 -: the ld. Assessing Officer were on UPS, scanners and print…

Smt. Mamta Nirajkumar Agrawal, Vadodara vs. The Income Tax Officer, Ward-3(1)(3), Vadodara

ITA 811/AHD/2017[2013-14]Status: DisposedITAT Ahmedabad04 Apr 2018AY 2013-14

Bench: Shri N.K. Billaiya & Shri S.S. Godara)

For Appellant: Shri Parin Shah, ARFor Respondent: Shri Prasoon Kabra, Sr. D.R

…n which the dispute arose are multifaceted printers having dimensional functions but at the same time, the impugned assets are printers and are part and parcel of the computer system. 13. The Hon’ble High Court of Delhi in the case of BSES Yamuna Powers Ltd. 358 ITR 47 has held that computer accessories and peripherals such as printers, scanners and server, etc., form an integral part of computer system and, hence, they are entitled to depreciation at higher rate of 60%. ITA Nos. 811 & 376/Ahd/2017 5 . A.Ys. 2012-13 & 2013-14 14. Respectfully following the judgment of the Hon’ble High Court of Delhi (supra), w…

Smt. Mamta Nirajkumar Agrawal, Vadodara vs. The Income Tax Officer, Ward-3(1)(3), Vadodara

ITA 376/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad04 Apr 2018AY 2012-13

Bench: Shri N.K. Billaiya & Shri S.S. Godara)

For Appellant: Shri Parin Shah, ARFor Respondent: Shri Prasoon Kabra, Sr. D.R

…n which the dispute arose are multifaceted printers having dimensional functions but at the same time, the impugned assets are printers and are part and parcel of the computer system. 13. The Hon’ble High Court of Delhi in the case of BSES Yamuna Powers Ltd. 358 ITR 47 has held that computer accessories and peripherals such as printers, scanners and server, etc., form an integral part of computer system and, hence, they are entitled to depreciation at higher rate of 60%. ITA Nos. 811 & 376/Ahd/2017 5 . A.Ys. 2012-13 & 2013-14 14. Respectfully following the judgment of the Hon’ble High Court of Delhi (supra), w…

ACIT, New Delhi vs. M/S. Schneider Electric Conzerv India Pvt. Ltd., Gurgaon

In the result the ground raised by the assessee stands allowed

ITA 6690/DEL/2014[2009-10]Status: DisposedITAT Delhi27 Feb 2018AY 2009-10

Bench: Shri Nk Saini & Smt. Beena A Pillaia.Y. 2009-10 Acit, Circle 7(1) Schneider Electric Conzerv India New Delhi Vs. P Ltd. Amalgamated With Schneider Electric India P Ltd. 9Th Floor, Tower Cit(A), Phase Ii Gurgaon Pan: Aaace6272F

Section 14ASection 35Section 35(1)(iv)Section 40Section 80Section 80GSection 80I

…missions advanced by both the sides in the light of the records placed before us. 11.6. In our considered opinion this issue has now attained finality by the decision of Hon’ble Delhi High Court in the case of CIT vs. BSES Yamuna Powers Ltd reported in (2013) 358 ITR 47, wherein Hon’ble High Court has upheld the claim of depreciation on UPS and computer peripherals at 60%. 11.7. Accordingly this ground raised by revenue stands dismissed. 12. Ground No. 9 During the assessment proceedings AO had reduced the claim of assessee under section 35 (1) (iv) of the Act to the extent of Rs.1,02,29,684/-. It was submitted t…