2019 (7) TMI 1389

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..... Facts of the case, in brief, are that the assessee is an individual and engaged in the business of renting of Audio Visual Equipments under the name and style of proprietorship concern M/s. Dani Multimedia Services. He filed his return of income on 30.09.2012 declaring total income of Rs. 4,57,180/-. The Assessing Officer during the course of assessment proceedings observed from the depreciation chart filed that the assessee has claimed depreciation on assets namely LED wall @ 60%, projector and Accessories @ 60%, Sound and Access @ 60% and Voter Pad @60%. As per the rates of depreciation defined under the Income Tax Rule, 60% rate of depreciation is categorized for plant and machinery of the nature of "computers including computer softwa....

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....n confirming the addition of Rs. 11,85,777/- on account of depreciation on LED wall, projector and accessories etc. allowed by the AO @ 15% as against claimed @ 60% as applicable to computers. 3. The appellant craves leave to add, alter amend or vary the above grounds of appeal before or at the time of hearing. 5. The Ld. Counsel for the assessee submitted that the LED wall, Projectors and Accessories etc are operated through software and function through laptop or any other computer and the LED wall cannot function independently. Referring to the decision of the Delhi Bench of the Tribunal in the case of DCIT Vs. M/s. Crabtree India Ltd. in ITA No.1340/Del/2013 order dated 14.03.2014 he submitted that the Tribunal has held that video co....

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.... the orders of the Assessing Officer and the CIT(A). I have also considered the various decisions cited before me. I find the Assessing Officer in the instant case restricted the depreciation on LED wall, projector and accessories etc. @15% as against 60% claimed by the assessee on the ground that these are not integral part of computer to qualify for higher rate of depreciation. According to him these items on which depreciation @60% has been claimed are independent electronic machines which may be used with or without the help of computer but these are neither computer nor computer accessories or peripherals which form an integral part of the computer. I find the Ld. CIT(A) upheld the action of the Assessing Officer in not allowing deprec....