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TMI Blog2019 (3) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... ence or new advantage of enduring nature was obtained. Such concurrent findings of fact do not suffer from any perversity, so as to give rise to any substantial question of law. Depreciation on UPS - @60% OR 15% - UPS is the component/ equipment connected with the computers - HELD THAT:- Both, the CIT Appeals, as well as the ITAT have relied upon the decisions in the case of CIT vs. BSES Yamuna Powers Ltd [2010 (8) TMI 58 - DELHI HIGH COURT], Pentair Water India (P) Ltd. vs. ACIT [2014 (5) TMI 1068 - ITAT PANAJI] and Macawber Engineering System (I) P. Ltd. vs. ACIT (2013 (11) TMI 131 - ITAT MUMBAI) in which it is clearly held that the UPS is the component/ equipment connected with the computers and is, therefore, entitled for the depreciati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. Ms. Linhares also submits that the ITAT clearly erred in allowing depreciation on UPS purchases at the rate of 60 %, instead of 15 % allotted by the Assessing Officer. She, therefore, submits that the substantial question of law as formulated in paragraph 8(4) of the Memo of Appeal also arises and is required to be considered. 5. We have considered the aforesaid submissions of Ms. Linhares. We have also perused the impugned orders, as well as the material on record. Taking into consideration the material on record, concurrent findings recorded by the two Authorities, as well as the settled legal position, we are of the opinion that no substantial questions of law arise in this Appeal. Therefore, this Appeal is not required to be enterta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions to hotel properties, reference can usefully be made to a decision of Madras High Court in Commissioner of Income-Tax vs. Ooty Dasaprakash 237 ITR 902. In this case, the assessee was running a hotel and had incurred substantial expenditure, spread over three years on repairs and on modernising the hotel and replacing the existing components of the building, furniture and fittings with a view to create a conducive and beautiful atmosphere for the purpose of running the business of the hotel. This expenditure was held as revenue expenditure since it was considered to be not of enduring benefit to the assessee. Similarly, in Commissioner of Income-Tax vs. Lake Palace Hotels and Motels P. Ltd. 258 ITR 562 the Rajasthan High Court held that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be said that the expenditure incurred was for the purpose of bringing into existence a new asset or obtaining a new advantage. This was as simple case where the existing assets were repaired, or to some extent renovated. The CIT Appeals, as well as the ITAT, on facts, have held that this was not a case where some new asset was brought into existence or new advantage of enduring nature was obtained. Such concurrent findings of fact do not suffer from any perversity, so as to give rise to any substantial question of law. 12. In so far as the second issue is concerned, both, the CIT Appeals, as well as the ITAT have relied upon the decisions in the case of CIT vs. BSES Yamuna Powers Ltd. (2014) 5 TMI 1068 Pentair Water India (P) Ltd. vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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