Income Tax Appellate Tribunal - Mumbai
Dcit 15(3)(2), Mumbai vs Sarswat Infotech Ltd, Navi Mumbai on 23 August, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH "H", MUMBAI
BEFORE SHRI G.S.PANNU, ACCOUNTANT MEMBER
AND
SHRI PAWAN SINGH, JUDICIAL MEMBER
ITA No.1315/Mum/2017 (A.Y. 2012-13)
Dy. Commissioner of Income-Tax,
Circle 15(3)(2),
4th Floor, Room No.451,
Aaykar Bhavan,M.K.Road,
Mumbai 400 020 ...... Appellant
Vs.
M/s. Saraswat Infotech Ltd.,
3rd Floor, Madhushree, Plot No.85,
District Business Centre,
Sector-17, Vashi,Navi Mumbai.
PAN:AAJCS 4303A ..... Respondent
Appellant by : Shri Ram Tiwari
Respondent by : Shri Ashok Kumar Suhar
Date of hearing : 22/08/2017
Date of pronouncement : 23/08/2017
ORDER
PER G.S.PANNU,A.M:
The captioned appeal filed by the Revenue pertaining to assessment year 2012-13 is directed against an order passed by CIT(A)-24, Mumbai dated 18/03/2015, which in turn, arises out of order passed by the Assessing Officer under section 143(3) of the Income Tax Act, 1961 (in short 'the Act') dated 18/03/2015.
2. In this appeal, Revenue has raised the following Ground of appeal:-
2 ITA No.1315/Mum/2017 (A.Y. 2012-13)"1. On the facts and in the circumstances of the case and in Law, the id. CIT(A) is right in holding that depreciation on ATM is allowable @ 60% ignoring the fact that ATM is a cash dispending machine with a projector and therefore is in the nature of plant and machinery and therefore depreciation should be provided @15%."
3. The respondent assessee is engaged in the business of providing I.T Consultancy and other I.T enabled services. At the stage of the assessment, the Assessing Officer allowed depreciation on the WDV of the ATMs @15% as against 60% claimed by the assessee. The Assessing Officer noticed that the Hon'ble Bombay High Court in the case of assessee itself had allowed depreciation @ 60%, yet scaled down the depreciation on the ground that the decision of Hon'ble Bombay High Court has not been accepted by the Department on merit. The CIT(A) has set-aside the action of the Assessing Officer following the judgment of the Hon'ble Bombay High Court in the assessee's own case for assessment year 2008-09 vide ITA(L) No.1243 of 2012.
4. Against such decision of the CIT(A), Revenue is in appeal before us. The Ld. Departmental Representative quite fairly conceded that in view of the aforesaid judgment of the Hon'ble Bombay High Court in assessee's own case, no fault can be found with the decision of the CIT(A) in allowing the depreciation @60% on the WDV of the ATMs. Therefore, the order of CIT(A) is confirmed and revenue fails in its appeal.
5. In the result, appeal of the Revenue is dismissed.
Order pronounced in the open court on 23/08/2017.
Sd/- Sd/-
(PAWAN SINGH) (G.S. PANNU)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai, Dated 23/08/2017
Vm, Sr. PS
3
ITA No.1315/Mum/2017 (A.Y. 2012-13)
Copy of the Order forwarded to :
1. The Appellant ,
2. The Respondent.
3. The CIT(A)-
4. CIT
5. DR, ITAT, Mumbai
6. Guard file.
BY ORDER,
//True Copy//
(Dy./Asstt. Registrar)
ITAT, Mumbai