2016 (11) TMI 1543

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... vour of assessee. - ITA No.1494/Mum/2015 - - - Dated:- 22-11-2016 - SRI MAHAVIR SINGH AND ASHWANI TANEJA For the Appellant: Shri Ashok Suthar, AR For the Respondent: Miss. Arju Garodia, DR ORDER PER MAHAVIR SINGH, JM: This appeal by the assessee is arising out of the order of CIT (A)-24, Mumbai in appeal No. CIT(A)-24/DCIT-10(3)/IT-303/13-14 dated 30-12-2014. The .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n assessee s own case in Income Tax Appeal (L) No. 1243 of 2012 dated 15-01-2013 in the case of CIT Vs. Saraswat Infotech Ltd . We have gone through the judgment and find that the first question was considered by Hon ble Bombay High Court as under: a) whether on the facts and circumstances of the case the ITAT was right in holding that depreciation on UPS is allowable @ 60% ignoring the fact .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 0%) in view of use only for a part of the year. The AO was of the view that the UPS and ATMs would not fall under the category of computers and being part of plant and machinery/office equipment would be eligible for depreciation only at 15%. Similarly, he disallowed the claim for depreciation on software license on the ground that the same was not put to use in the previous year to the A.Y. .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X