The Dy. Commissioner of Income-tax Corporate Circle I(1) Chennai v. M/s. Aditya Birla Money Ltd
[Citation -2016-LL-0805-184]

Citation 2016-LL-0805-184
Appellant Name The Dy. Commissioner of Income-tax Corporate Circle I(1) Chennai
Respondent Name M/s. Aditya Birla Money Ltd.
Court ITAT-Chennai
Relevant Act Income-tax
Date of Order 05/08/2016
Assessment Year 2008-09
Judgment View Judgment
Keyword Tags special bench
Bot Summary: No one appeared for the assessee we proceed to dispose of the appeal on merit. DR and also perused the material available on record. Admittedly, the CIT(A), by following the order of this Tribunal in assessee s own case for assessment years 2003-04 and 2004-05, allowed the claim of the assessee. The only contention of the Revenue before this Tribunal is that the Revenue s appeal is pending before the Madras High Court against the order of this Tribunal in assessee s own case for assessment years 2003-04 and 2004-05. This Tribunal do not find any reason to interfere with the order of the CIT(A) and accordingly the same is confirmed. In the result, the appeal of the Revenue stands dismissed. Order pronounced in the open court on 5th August, 2016, at Chennai.


IN INCOME TAX APPELLATE TRIBUNAL B BENCH : CHENNAI [BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER] . I.T.A.No.270 Mds 2016 Assessment year : 2008-09 Dy. Commissioner of Vs. M s Aditya Birla Money Ltd Income-tax 55, Ali Towers Corporate Circle I(1) Greams Road, Thousand Lights Chennai Chennai 600 006 [PAN AAACA 7472 K] ( Appellant) ( Respondent) Appellant by : Shri P. Radhakrishnan, JCIT Respondent by : None Date of Hearing : 20-06-2016 Date of Pronouncement : 05-08-2016 O R D E R PER N.R.S.GANESAN, JUDICIAL MEMBER This appeal of Revenue is directed against order of Commissioner of Income-tax (Appeals)-1, Chennai, dated 18.9.2015 and pertains to assessment year 2008-09. 2. only issue arises for consideration is depreciation on V- sat @ 60%. 3. Shri P. Radhakrishnan, ld. Departmental Representative submitted that CIT(A), by following order of this Tribunal in :- 2 -: ITA No.270 16 assessee s own case for assessment years 2003-04 and 2004-05, allowed claim of assessee for depreciation @ 60% on V-sat as computer. According to ld. DR, V-sat, at best, can be considered as peripheral attached to computer, therefore, assessee is eligible for depreciation @ 15% only. According to ld. DR, only computer is eligible for depreciation @ 60%. 4. No one appeared for assessee, therefore, we proceed to dispose of appeal on merit. 5. We have heard submissions of ld. DR and also perused material available on record. Admittedly, CIT(A), by following order of this Tribunal in assessee s own case for assessment years 2003-04 and 2004-05, allowed claim of assessee. CIT(A) has also placed his reliance on decision of Special Bench, Mumbai, in Datacraft India Ltd vs DCIT , [2010] 40 SOT 295 while allowing claim of assessee. only contention of Revenue before this Tribunal is that Revenue s appeal is pending before Madras High Court against order of this Tribunal in assessee s own case for assessment years 2003-04 and 2004-05. This Tribunal is of considered opinion that when depreciation was allowed on V-sat @ 60% by this Tribunal for assessment years 2003-04 and 2004-05, merely because :- 3 -: ITA No.270 16 Revenue s appeal is pending before Madras High Court cannot be reason to take different view. Therefore, this Tribunal do not find any reason to interfere with order of CIT(A) and accordingly same is confirmed. 6. In result, appeal of Revenue stands dismissed. Order pronounced in open court on 5th August, 2016, at Chennai. Sd - Sd - (A. MOHAN ALANKAMONY) (N.R.S. GANESAN) ACCOUNTANT MEMBER JUDICIAL MEMBER Chennai Dated: 5th August, 2016 RD Copy to: 1. Appellant 4. CIT 2. Respondent 5. DR 3. CIT(A) 6. GF Dy. Commissioner of Income-tax Corporate Circle I(1) Chennai v. M/s. Aditya Birla Money Ltd
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