TaxTMI 
TaxTMI 
2020 (3) TMI 720
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....020 1. Present appeal has been filed under Section 260A of the Income Tax Act, 1961 challenging the order dated 25th March, 2019 passed by the Income-Tax Appellate Tribunal, New Delhi (for short 'ITAT') in ITA No. 6227/DEL/2018 for the Assessment Year 2006-07. 2. In similar appeals being ITA Nos. 2/2020 and 3/2020 filed by the revenue/appellant challenging the same impugned order 25th March, 2019 passed by the ITAT pertaining to the same Assessee for the Assessment Years 2008-09 and 2007-08, a coordinate Bench of this Court of which one of us (HMJ Sanjeev Narula) was a party, has held as under:- "6. The following substantial question of law arises for our consideration: a. Whether the Tribunal, while finding that the....
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....ed to 80% depreciation on such meters and not on other meters which could not be classified as energy saving devices. The Tribunal also remanded the issue-whether the bus bars could be considered as an integral/inextricable part of the meters since the depreciation at the rate of 80% was claimed on bus bars by the assessee on the ground that it formed an integral/inextricable part of the meter on that premise only, the high depreciation on meters at the rate of 80% was claimed. The Tribunal passed the impugned order holding, that the AO had exceeded his jurisdiction while dealing with the remand, since he returned a finding that the electronic meters/energy meters were not energy saving devices and were therefore were not entitled to deprec....
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....nd that the Tribunal stopped short of redirecting the AO to deal with the real issues, on which the remand was made vide order dated 05.10.2015. Thus, those issues remain undetermined till date. In our view, the Tribunal should have ensured that the outstanding issues, in terms of the remand order, attain finality one way or another. 12. We, therefore, answer the question in favour of the Revenue and remand back the matter to AO with a direction to strictly comply with the order of remand dated 05.10.2015 passed by the Tribunal which attained finality with the dismissal of ITA No. 666/2016 preferred by the appellant. The AO shall limit his consideration strictly in terms of order of remand and in particular paragraphs Nos. 12 to 12....
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.... such percentage of the written down value as may be prescribed. Under Item-111(8) of the table rates of depreciation in "Old Appendix-!" to the Income-tax Rules, 1962 is relevant for the assessment year 2005-06 wherein depreciation @ 80% is available in respect .of equipment falling within the category of "energy measuring meters". The specific entries under which the depreciation was claimed by the assessee during the relevant assessment year reads as under: "III. Machinery and Plant xxxxxx (8) (ix) Energy saving devices, being- A. xxxx B. Instrumentation and monitoring system (or monitoring energy flows: (a) Automatic electrical load monitoring systems; (b) Digital heat loss meters; x....
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.... "...................................... E. Electrical Equipment Xxxxxxxxxxxxxxxxx (i)Time of Day (TOD) energy meters Xxxxxxxxxxxxxxxxxxxxxxxxxxxxx'' 12.4 The submission of the assessee that specifications contained in the energy meters installed by the assessee company also included the specific features of "Time of Day" has not been rebutted by the Revenue. We find that in the depreciation schedule for the assessment year 2006-07 and onwards specifically/separately covers feature of "Time of Day" under Item III (8)(ix)-E(i). Under the above facts and circumstances especially in view of above referred schedule read with sec. 32 of the Income-tax Act, we find that the assessee has....