2017 (1) TMI 1532 - AT - Income Tax

Depreciation @60% on inverter batteries - whether inverter batteries are not separable part of the computer and can be utilised for other functions as back up batteries and hence not eligible for depreciation @60%? - 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 per cent. See BSES Yamuna Powers Ltd. 2010 (8) TMI 58 - DELHI HIGH COURT

Summary

Issues:
- Whether inverter batteries can be considered a separable part of the computer for depreciation purposes at 60%.

Analysis:
1. The appeal was filed by the revenue against the order of the Commissioner (Appeals) concerning the assessment year 2010-11 under section 143(3) of the Income Tax Act, 1961.
2. The main contention raised by the revenue was that the Ld. CIT(A) erred in allowing depreciation at 60% on inverter batteries, arguing that they are not separable parts of the computer and can be used for other functions as backup batteries.
3. The background revealed that the business of M/s. Jalaram Online Lottery Agency, which had closed years ago, was taken over by the present assessee, who later transferred it to another entity. The previous setup included computer terminals with batteries for power backup, with depreciation claimed at 60% similar to computers.
4. The Assessing Officer (AO) disallowed the excess depreciation claimed by the assessee, restricting it to 10% as in the case of "furniture and fittings including electrical fittings," considering the batteries as having independent existence.
5. The assessee appealed to the CIT(A), citing judgments of the Delhi High Court supporting depreciation at 60% for similar items, which led to the appeal being allowed in favor of the assessee.
6. The Tribunal examined whether the batteries used with UPS for power backup could qualify for depreciation at 60%, drawing parallels with previous decisions where computer peripherals were considered integral parts of the computer system and eligible for higher depreciation rates.
7. Relying on the precedents set by the Delhi High Court in similar cases, the Tribunal upheld the order of the CIT(A) and dismissed the revenue's appeal, affirming the allowance of depreciation at 60% for the inverter batteries.
8. The judgment was pronounced on 03/01/2017, with the Tribunal sustaining the CIT(A)'s decision based on the legal principles established in previous cases.

This detailed analysis highlights the key legal arguments, precedents, and decision-making process involved in the judgment regarding the depreciation claim on inverter batteries in relation to computer systems.