Article
172 Points
Joined July 2009
In below cases courts have decided to give 60% dep. rate as they are essential part of computer system & cannot be used without computer
- DCIT Vs. Datacraft India Ltd. (I.T.A. Nos.7462 & 754/Mum/2007),
- CIT Vs. BSES Rajdhani Powers Ltd. (I.T.A. No.1266 of 2010)(Delhi).
- Expeditors International (India)(P) Ltd. Vs. ACIT (118 TTJ 652), (Delhi ITAT).
- Income-tax Officer Vs. Samiran Majumdar (98 ITD 119), (Kolkatta ITAT).
- CIT Vs. Karnataka Power Corporation (2011) 247 ITR 268 (Supreme Court).
- M/s Accenture Services Pvt. Ltd. (I.T.A. No.3697/Mum/2008). - ACIT Vs. Continental Carriers (P) Ltd. (I.T.A. No.2137/D/2008). - ACIT Vs. M/s Cincom System India Pvt. Ltd. (I.T.A. No.1534/d/2008).
- Container Corporation of India Ltd. Vs. ACIT (I.T.A. No.2753,2851,3680,3775 and 4477).
17. This issue has been discussed and decided in a number of cases by the jurisdictional ITAT as well as Delhi High Court, wherein it has been held that the computer accessories and peripherals, printer and scanner, UPS etc are entitled to higher rate depreciation @ 60% on the ground that such accessories and peripherals form an essential part of the computer systems and the same cannot be used without the computer. The Assessing Officer is, therefore, directed to allow depreciation on UPS, printers and scanner etc. @ 60% as claimed by the appellant."