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Case Law Details

Case Name : Dimple Vishal Agrawal  Vs ITO (ITAT Ahmedabad)
Appeal Number : ITA No. 251/Ahd/2020
Date of Judgement/Order : 09/12/2020
Related Assessment Year : 2013-14
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Dimple Vishal Agrawal  Vs ITO (ITAT Ahmedabad)

ITAT held that assessee is entitled for depreciation at the rate of 60% of xerox machine WV-5745. The simple reason is that the ld.CI(A) failed to comprehend true nature of this asset. It has been treated as photo-state machine without going through literature of the machine supplied by the manufacturer. According to the manual, it is multi-functional printer. Its feature to make photo-state of a paper is an added activity. It is also pertinent to observe that admissibility of depreciation at the rate of 60% is not disputed by the ld.CIT(A). The ld.CIT(A) has granted this rate of depreciation on all other assets, which are treated as peripheral of the computer. To my mind, this asset cannot be excluded for the reasons assigned by ld.CIT(A). It is to be treated as an integral part of the computer system which helps printing from the computer connected with it. Therefore, I allow this appeal, and delete disallowance.

FULL TEXT OF THE ITAT JUDGEMENT

Assessee is in appeal before the Tribunal against order of the ld.CIT(A)-5, Vadodara dated 29.1.2020 passed for the Asstt.Year 2013-14.

2. Sole grievance of the assessee is that the ld.CIT(A) has erred in confirming the allowance depreciation at the rate of 15% as against 60% claimed by the assessee on xerox machine WV-5745.

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