CIT v. BSES Yamuna Power Ltd.

ACIT, New Delhi vs. M/S. Conexant Systems (P) Ltd, New Delhi

In the result, revenue’s appeal is dismissed and the assessee’s cross- objection is partly allowed for statistical purposes

Bench: Shri S.V. Mehrotra : & Shri A.T. Varkey:Asstt. Yr: 2004-05 Acit, Circle 3(1), Vs. M/S Conexant Systems Pvt. Ltd., New Delhi. 11-A, Sucheta Bhawan, Vishnu Digambar Marg, New Delhi. Pan: Aaacf 2723 N & C.O. No. 37/Del/2010 ( In Ita No. 4359/Del/2009 ) Asstt. Yr: 2004-05 M/S Conexant Systems Pvt. Ltd., Vs. Acit, Circle 3(1), 11-A, Sucheta Bhawan, New Delhi. Vishnu Digambar Marg, New Delhi. ( Appellant ) (Respondent) Department By : Sh. Vijay Kumar Chadha Cit (Dr) Assessee By : Sh. Piyush Chawla Adv. Date Of Hearing : 30/09/2015. Date Of Order : 27/11/2015. O R D E R Per S.V. Mehrotra, A.M..: The Captioned Appeal By The Department & The Cross Objection By The Assessee Have Been Preferred Against The Order Dated 23-9-2009 Passed By The Ld. Cit(A)-Xx, New Delhi In Appeal No. 153/2007-08, Relating To Assessment Year 2004-05. 2. The Assessee, A 100% Subsidiary Of Globespan Virata Inc. (’Gsv’), In The Relevant Assessment Year, Was Involved In Software Development At Various Levels To Be Used In Gsv’S Products. It Provided Hardware Drivers, System Software, Communication Protocol, Stacks Etc. The Assessee Also Developed Management Software Which Helped In Managing The Chip Or Even The Whole System. The Assessee Also Provided Market Support Services To Gsv In The Asia Pacific Region. 3. The Assessee Had Filed Return Of Income Declaring Total Income Of Rs. 1,63,04,536/-. During The Year Under Consideration, The Assessee Had Entered Into Following International Transactions:

…Court in the case of Bombay Steam Navigation Co. (P) Ltd. (supra). Ground is dismissed. 18. Ground no. 4: As far as ground no. 4 is concerned, the said issue is covered by the decision of Hon’ble Delhi High Court in the case of CIT Vs. BSES Yamuna Powers Ltd. 358 ITR 47, holding that the depreciation on computer accessories and peripherals such as, printer, scanners and server was to be allowed @ 60% the same being part of computer system. Respectfully following the decision of Hon’ble Jurisdictional High Court we see no reason to interfere in the order of ld. CIT(A) on the issue in question. Ground fails. 19. R…

ACIT, New Delhi vs. Oriental Bank of Commerce, New Delhi

In the result, appeal of the assessee and revenue is partly allowed

Bench: Sh. I.C.Sudhir, Jm & Sh. Prashant Maharishi, Am Asstt. Year: 2007-08

…ion @ 60 % and not 15%. 32. We have carefully considered the issue. LAN (local Area Network) and WAN *(wide area network) is a bunch of cables and switches which can be used with computers only. Hon Delhi High court in case of CIT V BSES Yamuna Power Limited 358 ITR 447 has held that computer accessories and peripherals such as, printers, scanners and server, etc., 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 the part of the computer system, they are entitled to depreciation at the higher rate of 60…

Oriental Bank of Commerce, New Delhi vs. Addl. CIT, New Delhi

In the result, appeal of the assessee and revenue is partly allowed

Bench: Sh. I.C.Sudhir, Jm & Sh. Prashant Maharishi, Am Asstt. Year: 2007-08

…ion @ 60 % and not 15%. 32. We have carefully considered the issue. LAN (local Area Network) and WAN *(wide area network) is a bunch of cables and switches which can be used with computers only. Hon Delhi High court in case of CIT V BSES Yamuna Power Limited 358 ITR 447 has held that computer accessories and peripherals such as, printers, scanners and server, etc., 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 the part of the computer system, they are entitled to depreciation at the higher rate of 60…

The Commissioner of Income Tax-II vs. Lumax Industries Limited

Bench: HON'BLE DR. JUSTICE S.MURALIDHAR,HON'BLE MR. JUSTICE VIBHU BAKHRU

…$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA102/2014 THE COMMISSIONER OF INCOME TAX-II Appellant Through: Mr. Shikhar Garg, Advocate for Mr. Kamal Sawhney, Senior Standing counsel. versus LUMAX INDUSTRIES LIMITED. Respondent Through: Mr. Satyen Sethi, Advocate with Mr. Arta Trana Panda, Advocate. With + ITA 103/2014 THE COMMISSIONER OF INCOME TAX-II Appellant Through: Mr. Shikhar Garg, Advocate for Mr. Kamal Sawhney, Senior Standing counsel. versus LUMAX INDUSTRIES LIMITED Respondent Through: Mr. Satyen Sethi, Advocate with Mr. Arta Trana Panda, Advocate. With ITA 104/2014 COMMIS SIGNER OF INCOME TAX…

The Commissioner of Income Tax-II vs. Lumax Industries Limited

…t issue concerning depreciation on computer peripherals @ 60%, learned counsel for the Revenue does not dispute that the question stands answered in favour of the Assessee by the decision in Commissioner of Income Tax v. BSES Rajdhani Power Limited (2013) 358 ITR 47 (Del). 24. For the aforementioned reasons, no substantial question of law arises in any of these appeals. They are accordingly dismissed with no order as to costs. S. MURALIDHAR, J VIBHU BAKHRU, J OCTOBER 28, 2015 Rk This is a digitally signed order. The authenticity of the order can be re…