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2013 (11) TMI 129

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..... pherals such as, printers, scanners and server, etc., form an integral part of the computer system as they cannot be used without the computer. Hence, the same are part of the computer system and entitled to depreciation at the higher rate of 60 percent – Decided against Revenue. - ITA No. 3319/Del/2012 - - - Dated:- 7-9-2012 - Order The order of the Bench was delivered by Shamim Yahya (Accountant Member).-This appeal by the Revenue is directed against the order of the learned Commissioner of Income-tax (Appeals)-XV, New Delhi dated April 4, 2012 pertaining to the assessment year 2008-09. The grounds raised read as under: "1. Whether the learned Commissioner of Income-tax (Appeals) was correct on facts and circumstances of the .....

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..... the learned Commissioner of Income-tax (Appeals). Considering the submissions of the assessee in this regard, the learned Commissioner of Income-tax (Appeals) observed that it is undisputed fact that advertisement expenses per se falls in the category of revenue expenditure provided the said expenditure is wholly and exclusively for the purpose of business. The learned Commissioner of Income-tax (Appeals) held that there is no concept of deferred revenue expenditure under the Income-tax Act. The expenditure is either capital or revenue in nature. Accordingly, the learned Commissioner of Income-tax (Appeals) held that the addition in this regard made by the Assessing Officer was to be deleted. Against the above order the Revenue is in app .....

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..... ct. Accordingly, we hold that the impugned expenditure was allowable as revenue expenditure and hence, we do not find any infirmity or illegality in the order of the learned Commissioner of Income-tax (Appeals). Accordingly, we uphold the same. Apropos deletion of disallowance of Rs. 1,57,665 On this issue Assessing Officer held that a perusal of the Schedule of fixed assets reveals that the assessee has claimed depreciation at 60 percent on bar-code scanners and printers whereas the depreciation thereon is admissible at 15 percent only. The Assessing Officer allowed only 15 percent of depreciation upon the assessee's appeal the learned Commissioner of Income-tax (Appeals) held that in view of the decision of the hon'ble Delhi High Cour .....

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