CIT v. M/s.Cactus Imaging India Private Limited

406 ITR 406High Court2018#9266 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2025.

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Judgments citing CIT v. M/s.Cactus Imaging India Private Limited

GOFRUGAL TECHNOLOGIES PVT. LTD.,,CHENNAI vs. DCIT, CC-2(1),, CHENNAI

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

ITA 3022/CHNY/2019[2011-12]Status: DisposedITAT Chennai19 Feb 2020AY 2011-12

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddyआयकर अपील सं./Ita No.3022/Chny/2019 िनधा"रण वष" /Assessment Year: 2011-12 M/S. Gofrugal Technologies Private Vs. The Deputy Commissioner Of Limited, ‘Sree Narayana Complex’ Income Tax No.11, Sarathy Nagar, Vijaya Nagar, Corporate Circle 2(1) Velachery, Chennai – 600 042 Chennai – 600 034 [Pan: Aacca4341F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Ms. Lakshmi, Advocate ""थ" की ओर से /Respondent By : Ms. R. Anita, Jcit सुनवाई की तारीख/Date Of Hearing : 06.02.2020 घोषणा की तारीख /Date Of Pronouncement : 19.02.2020 आदेश / O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-6, Chennai Dated 01.08.2019 Relevant To The Assessment Year 2011-12. The Only Effective Ground Raised In The Appeal Of The Assessee Is That The Ld. Cit(A) Has Erred In Confirming The Restriction Of The Claim Of Depreciation On Computer Software To 25% As Against 60% Claimed By The Assessee.

For Appellant: Ms. Lakshmi, AdvocateFor Respondent: Ms. R. Anita, JCIT
Section 143(3)

…capitalized during the relevant years in the books of accounts and claimed depreciation at 60% and the Tribunal has held that the assessee is eligible to claim depreciation at 60%. By following the decision in the case of CIT v. Cactus Imaging India Pvt. Ltd. 406 ITR 406 (Mad) and also considering the decision in the case of Bimetal Bearings Ltd. v. State of Tamil Nadu [reported in (1991) 80 STC 167], the Hon’ble Jurisdictional High Court confirmed the order of the Tribunal. The ld. DR could not controvert the above :- 4 -: decision of the Hon’ble High Court by filing any higher court decision having modified or…

ESENSE LEARNING P.LTD,MUMBAI vs. ACIT 6(2)(2), MUMBAI

In the result, the appeal filed by the assessee is hereby ordered to be partly allowed

ITA 7055/MUM/2016[2012-13]Status: DisposedITAT Mumbai24 Jun 2019AY 2012-13

Bench: Shri M. Balaganesh, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.7055 /Mum/2016 (निर्धारण वर्ा / Assessment Year: 2012-13) Essense Learning Pvt. Ltd बिधम/ Acit-6(2)(2) Room No.504, 5Th Floor, Navneet Bhavan, Bhavani Vs. Shankar Road, Dadar (W), Aayakar Bhavan, M.K. Road, Churchgate, Mumbai- Mumbai-400028. 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccn7509C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Sanjay Parikh Revenue By: Shri Sachchidanand Dube(Dr) सुनवाई की तारीख / Date Of Hearing: 02/05/2019 घोषणा की तारीख /Date Of Pronouncement: 24/06/2019 आदेश / O R D E R Per Amarjit Singh, Jm: The Assessee Has Filed The Present Appeal Against The Order Dated 24.08.2016 Passed By The Commissioner Of Income Tax (Appeals) -12, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2012- 13. 2. The Assessee Has Raised The Following Grounds: - “1. Ground No.1 Depreciation On Computer Projector Restricted To 15% (I) The Hon’Ble Cit(A) Erred In Facts & In Law, In Confirming The Depreciation On Computer Projector At A.Y.2012-13

For Appellant: Shri Sanjay ParikhFor Respondent: Shri Sachchidanand Dube(DR)
Section 143(1)Section 143(2)

…as argued that the computer projector is the part and parcel of the computer operating system, therefore, the assessee is eligible for depreciation @ 60% in view of the decision of Madras High Court in the case of CIT Vs. Cactus Imaging India Pvt. Ltd. (2018) 406 ITR 406 (Mad). However, on the other hand, the Ld. Representative of the Department has strongly relied upon the order passed by CIT(A) in question. In the instant case, the claim of the assessee is in connection with the computer projector. The Computer projector cannot work alone without operating the computer system. It is integral part of the compute…

CIT v. M/s.Cactus Imaging India Private Limited (406 ITR 406) — Cited in 12 Judgments | BharatTax