2010 (1) TMI 759 - AT - Income Tax

Depreciation on ATMs - ATMs are Automated Teller System installed by the Bank to facilitate easy cash transaction, whose mechanical parts are controlled by a computer. The ATM being only a part of the system, depreciation on the whole machine cannot be claimed at the rate applicable to Computers as per Rule 5 of I.T. Rules - Held that - Mumbai Tribunal in the case of Venture Infotek Global (P) Ltd., 2008 -TMI - 207821 - ITAT MUMBAI BENCH A after due deliberation and elaborate discussion has given a specific finding with reference to ATM that they cannot be considered as computers, or parts thereof. - ATM s cannot be granted depreciation at the rates applicable to computers and dismiss the appeal of the assessee.

Summary

Issues:
1. Delay in filing the appeal.
2. Correct classification for depreciation of Automated Teller Machines (ATMs).
3. Whether ATMs can be considered as computers for the purpose of depreciation.

Analysis:
1. The appeal was filed with a delay of 188 days, which was condoned by the Appellate Tribunal.
2. The Assessing Officer allowed depreciation on ATMs at 60%, considering them as computers. However, the Commissioner of Income Tax (CIT) under section 263 held that ATMs should be classified as Plant and Machinery eligible for depreciation at 25% only, not as computers. The CIT's decision was based on the functionality of ATMs as Automated Teller Systems controlled by computers.
3. The assessee argued that ATMs are sophisticated machines using computer technology and network, entitling them to higher depreciation rates applicable to computers. The CIT disagreed, stating that ATMs are mechanical devices controlled by computers, thus eligible for depreciation at 25% as Plant and Machinery.
4. The assessee contended that the CIT's decision was a mere change of opinion and that ATMs should be considered as computers for higher depreciation rates. The Tribunal referenced the case of Venture Infotek Global (P) Ltd. and held that ATMs cannot be classified as computers or parts thereof, affirming the CIT's decision on depreciation rates.
5. The Tribunal distinguished the case from previous judgments involving computer peripherals, emphasizing that ATMs are standalone machines for cash transactions, not data processing devices like computers.
6. Relying on the decision in Venture Infotek Global (P) Ltd., the Tribunal dismissed the appeal, affirming that ATMs do not qualify for higher depreciation rates applicable to computers, concluding that they are to be treated as Plant and Machinery for depreciation at 25%.

This detailed analysis outlines the key issues, arguments presented by the parties, and the Tribunal's decision based on legal interpretations and precedents.