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TMI Blog2007 (9) TMI 131X X X X Extracts X X X X X X X X Extracts X X X X ..... allowed both matter in favour of assessee - I. T. A. No. 891 of 2007 - - - Dated:- 20-9-2007 - JUDGMENT 1. The Revenue is aggrieved by an order dated 2nd February, 2007 passed by the Income Tax Appellate Tribunal, Delhi Bench "E" in ITA No.1070 (Del) 2005 relevant for the assessment year 2001-2002. 2. The Revenue has raised two issues before us. The first issue relates to depreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not entitled to claim any depreciation on the decoders. 5. We have gone through the order passed by the Assessing Officer and find that it is based on surmises that the decoders are given free of charge to the cable operators. This has rightly been found on facts to be incorrect by the Tribunal. 6. It is contended by learned counsel for the Revenue that the decoders for which depreciati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case and that the depreciation was wrongly allowed by the Tribunal. 8. The second issue pertains to claim of TDS of Rs.11,77,709/-. The Assessing Officer as well as the Commissioner of Income Tax (Appeals) came to the conclusion that the amounts on which the TDS was deducted related to the income of the principal of the assessee and, therefore, the assessee was not entitled to the tax d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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