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Documents citing Commissioner Of Income Tax vs Statronics And Enterprises (P) Ltd. on 22 August, 2006

Jindal Steel Power Ltd., New Delhi vs Assessee on 31 March, 2016

67. We have heard the rival submissions made on the issue at the time of hearing of appeal in ITA No. 3283/Del/2013 and perused the material on record. We note that the claim of additional depreciation has been denied on the basis that additional depreciation is not allowable on offices tool and Primavera software was not installed in any manufacturing machinery but was like any other common management tool. We find that Hon'ble Gujarat High Court in the case of CIT v Statronics and Enterprises (P) Ltd. (supra) has held that computers and "data processing machines", even though installed in office premises, constitutes plant and machinery and are eligible for additional deprecation as per the provision of section 32(1)(iia) of the Act. Their Lordships have held as under:
Income Tax Appellate Tribunal - Delhi Cites 42 - Cited by 0 - Full Document

Acit, C-5(1), Chandigarh vs M/S Ids Infotech Ltd., Chandigarh on 4 February, 2019

32. We have heard the rival contentions and perused the orders of the authorities below. The Ld. CIT(A) has allowed the assessee's claim of additional depreciation on computers following the decision of the Hon'ble Gujarat High Court in this regard. Ld. DR has neither brought to our notice any contrary decision of the Hon'ble jurisdictional High Court or the Hon'ble Apex court on the issue, nor has any distinguishing fact been pointed out to us to show the inapplicability of the said decision to the facts of the present case. We therefore see no reason to interfere in the order of the Ld. CIT(A) allowing assessees claim of additional depreciation on computers amounting to Rs.19,27,755/-.
Income Tax Appellate Tribunal - Chandigarh Cites 13 - Cited by 0 - Full Document

Gujarat Alkalies And Chemicals Ltd.,, ... vs The Dy.Cit, Circle-1(1),, Baroda on 25 February, 2019

12. We are not oblivion to the decision of this Court in the case of Commissioner of Income Tax vs. Statronics and Enterprises Pvt. Ltd. reported in [2007] 288 ITR 455 (Guj), where computers were treated as part of plant and machinery, and therefore, held entitled to additional depreciation under Section 32A of the Act. It was, however, a case where the computers were installed in the office premises. The Revenue's contention, therefore, was that being part of office appliances would not qualify for such additional depreciation. The Court found that the computers were used for data processing and, therefore, for manufacturingprocess. It was in this background the above finding was given.
Income Tax Appellate Tribunal - Ahmedabad Cites 29 - Cited by 6 - Full Document

Hero Motocorp Ltd., New Delhi vs Dcit, Circle- 11(1), New Delhi on 23 April, 2019

In coming to the aforesaid conclusion, the Tribunal laid reliance upon the decision of the Hon'ble Gujarat High Court in the case of CIT v. Stratronics Enterprises Pvt. Ltd.: 288 1TR 455. In all fairness, the Ld. AR pointed out that the aforesaid issue was decided against the assessee by the Delhi Tribunal in the assessee own case for the assessment year 2007-08 and 2008-09. It would, however, be pertinent to point out that the aforesaid disallowance sustained by the Tribunal was challenged by the assesssee in further appeal before the High Court, which has been admitted by the High Court, vide order dated 19.11.2015 in ITA No. 341/2014, as involving substantial question of law. While deciding the appeal for the assessment years 2012-13 and 2013-14, the Tribunal set aside the matter to the file of the assessing officer following the orders for the Assessment Years 2010-11 and 2011-12.
Income Tax Appellate Tribunal - Delhi Cites 154 - Cited by 10 - Full Document

Commissioner Of Income Tax I vs Gujarat Alkalies And ... on 20 January, 2014

12. We are not oblivion to the decision of this Court in the case of Commissioner of Income-Tax vs. Statronics and Enterprises P.Ltd. reported in [2007] Page 8 of 9 O/TAXAP/942/2013 ORDER 288 ITR 455(Guj), where computers were treated as part of plant and machinery, and therefore, held entitled to additional depreciation under section 32A of the Act. It was,however, a case where the computers were installed in the office premises. The Revenue's contention, therefore, was that being part of office appliances would not qualify for such additional depreciation. The Court found that the computers were used for data processing and, therefore, for manufacturing process. It was in this background the above finding was given.
Gujarat High Court Cites 3 - Cited by 0 - A Kureshi - Full Document
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