2021 (1) TMI 772

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....ainst order of the ld.CIT(A)-5, Vadodara dated 29.1.2020 passed for the Asstt.Year 2013-14. 2. Sole grievance of the assessee is that the ld.CIT(A) has erred in confirming the allowance depreciation at the rate of 15% as against 60% claimed by the assessee on xerox machine WV-5745. 3. Brief facts of the case are that the assessee has filed her return of income on 14.9.2013 declaring total income....

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....500 Xerox mahines 3,92,030 98,007 2,94,023 Xerox WV_5745 1,89,000 47,250 1,41,750 Total 7,40,297 4. In this way, the ld.AO has disallowed a sum of Rs. 7,40,297/-. However, on appeal, the ld.CIT(A) confirmed the disallowance on Xerox machine WV-5745 i.e. last item in the table. The assessee has claimed depreciation at Rs. 1,89,000/-. The ld.CIT(A) concurred with the AO on this item of ....

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.... as copier. The Tribunal allowed depreciation at the rate of 60% by observing that nomenclature of the machinery in the books cannot be a decisive factor, rather it is the nature of the asset which is to be determined, and thereafter rate of depreciation be decided. On the other hand, the ld.DR relied on the orders of the Revenue authorities. 5. On due consideration of the above and circumstances....