2013 (6) TMI 601 - AT - Income Tax

Payment of PF dues beyond the stipulated date in the PF Act disallowed - CIT(A) deleted the addition - Held that - As outstanding PF dues in this case has been paid before the due date of filing of the income tax returns no justification of making the disallowance in this regard. In favour of assessee. Depreciation on printers and UPS - 15% or 60% - Held that - As decided in C.I.T. vs. BSES Yamuna Powers Ltd. 2010 (8) TMI 58 - DELHI HIGH COURT the depreciation @ 60% on the printers and UPS is to be allowed to the assessee. In favour of assessee.

Summary

Issues: Disallowance of PF dues payment beyond stipulated date, Disallowance of depreciation on printers and UPS

Issue 1: Disallowance of PF dues payment beyond stipulated date

The Assessing Officer disallowed Rs. 7,14,770/- for the payment of employees' PF contribution made after the due date. However, the Commissioner of Income Tax (Appeals) found that the outstanding dues were paid before the due date upon filing the income tax return. Consequently, the Commissioner held that there was no justification for the disallowance. The Revenue appealed this decision. The ITAT Delhi upheld the Commissioner's order, stating that since the PF dues were paid before the due date of filing income tax returns, the disallowance was unjustified, ruling in favor of the assessee.

Issue 2: Disallowance of depreciation on printers and UPS

The Assessing Officer disallowed the depreciation claimed by the assessee on printers and UPS at the rate of 60%, stating that the eligible rate was 15%. However, the Commissioner of Income Tax (Appeals) ruled in favor of the assessee. The Revenue appealed this decision. The ITAT Delhi referred to a Delhi High Court decision in the case of C.I.T. vs. BSES Yamuna Powers Ltd., where it was held that computer accessories and peripherals, including printers and UPS, are integral parts of the computer system and entitled to depreciation at a higher rate of 60%. Following this precedent, the ITAT Delhi upheld the Commissioner's order, allowing the depreciation at 60% on printers and UPS for the assessee. Consequently, the appeal filed by the Revenue was dismissed.

---