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TMI Blog2012 (3) TMI 639X X X X Extracts X X X X X X X X Extracts X X X X ..... in ITA NO. 519/2008-09 dated 29-11-2010 for the assessment year 2005-06. ITA No. 426/Mds/2011 is an appeal filed by the Revenue against the order of the learned CIT(Appeals)-V, Chennai in ITA No. 373/2009-10 dated 29-11-2010 for the assessment year 2006-07. C.O. No. 55/Mds/2011 is the cross objection filed by the assessee in the Revenue's appeal in ITA No. 425/Mds/2011. C. O. No. 56/Mds/2011 is the cross objection filed by the assessee in the Revenue's appeal in ITA No. 426/Mds/2011. 2. Shri K.E.B. Rengarajan, learned Jr. Standing Counsel represented on behalf of the Revenue and Shri Vikram Vijayaraghavan and Shri S.P. Chidambaram, Advocates represented on behalf of the assessee. 3. In the Revenue's appeal in ITA No. 425/Mds/2011 in re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the learned Jr. Standing Counsel that the issue was against the action of the learned CIT(A) in holding that the assessee was entitled to depreciation at 80% on the UPS as against 25% allowed by the Assessing Officer. It was the submitted that the UPS was entitled to depreciation only at 25%. 7. In reply, the learned authorised representative submitted that the issue was squarely covered by the decision of the co-ordinate Bench of this Tribunal in the case of M/s. Brakes India Ltd. in ITA Nos. 249 , 1166 and 1069/Mds/2010 dated 06- 01-2012, wherein following the decision of the Jodhpur Bench of this Tribunal in the case of DCIT v. Surface Finishing and Equipment reported in 81 TTJ 448 (Jodh), the co-ordinate Bench had held that the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... connected activities for publishing, typesetting, printing and computer software giving full sales and after-sales service and for maintaining liaison with the printers. It was the submission that the order of the learned CIT(A) is liable to be reversed. 11. In reply, the learned authorised representative submitted that what was being paid was an agency commission. It was the submission that M/s. Macmillan Publishers Ltd., UK was not giving the assessee any technical support. It was the further submission that M/s. Macmillan Publishers Ltd., UK was a non-resident agent and they had no establishment, much less a permanent establishment, in India. It was the submission that the payment of commission that the payment of commission to M/s. M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate of depreciation on the UPS. In the circumstances, following our decision in ITA No. 425/Mds/2011, supra in regard to grounds 3.1 and 3.2, the finding of the learned CIT(A) on this issue stands confirmed. 14. In regard to grounds 5.1 to 5.3 it was submitted by the learned Jr. Standing Counsel that the issue was against the action of the learned CIT(A) in restricting the expenditure for earning the exempted income to 2% in regard to the applicability of the provisions of section 14A. It was the submission that the Assessing Officer had relied upon the decision of the co-ordinate Bench of this Tribunal in the case of M/s. Daga Capital Management Pvt. Ltd. It was the submission that he had no objection if the issue is restored to the file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Outsource Pvt. Ltd. in ITA Nos. 1989, 1990 and 2145/Mds/2010 dated 14-10-2011. 19. We have considered the rival submissions. As it is noticed that the issue in the cross objections is covered by the decision of the co-ordinate Bench of this Tribunal in the case of M/s. RR Donnelley India outsource Pvt. Ltd., referred to supra, following the decision of this Tribunal in the case of M/s. RR Donnelley India Outsource Pvt. Ltd., the order of the learned CIT(A) on this issue stands confirmed. In the circumstances, the cross objections filed by the assessee are dismissed. 20. In the result, the Revenue's appeal in ITA No. 425/Mds/2011 stands dismissed and the Revenue's appeal in ITA No. 426/Mds/2011 stands allowed for statistical purposes. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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