2016 (11) TMI 1543

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.... SINGH, JM: This appeal by the assessee is arising out of the order of CIT (A)-24, Mumbai in appeal No. CIT(A)-24/DCIT-10(3)/IT-303/13-14 dated 30-12-2014. The Assessment was framed by DCIT-10(3), Mumbai for the A.Y. 2011-12 vide order dated 13-01-2014 under section 143(3) of the Income Tax Act, 1961 (hereinafter 'the Act'). 2. The only issue in this appeal of Revenue is against the order of....

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....rt as under: "a) whether on the facts and circumstances of the case the ITAT was right in holding that depreciation on UPS is allowable @ 60% ignoring the fact that UPS is an electrical appliance for temporary supply of electricity therefore is ITA No. 1494/Mum/2015 in nature of plant and machinery and therefore, depreciation should be provided @ 15%." And discuss the facts as under: -....

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....ciation only at 15%. Similarly, he disallowed the claim for depreciation on software license on the ground that the same was not put to use in the previous year to the A.Y. 2008-09. Consequently, the excess claim of depreciation made by the respondent assessee was disallowed." 4. And final answer above question in favor of assessee as under: - "We note that the Tribunal has arrived at ....