2016 (5) TMI 1548

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....made by the AO on account of depreciation claimed on road/ on road construction, while treating it as a building. 2. On the facts and circumstances of the case and in law the ld. CIT(A) has erred in allowing the claim of depreciation @ 60% on EDP equipments as claimed by the assessee as against the rate of 15% allowed by the AO.'' 2.2 At the outset of the hearing, the ld. AR of the assessee prayed that similar issues have been decided in favour of the assessee by the Coordinate Bench vide its order dated 28-08-2014 in assessee's own case vide Revenue's appeal bearing ITA No. 878/JP/2011 for the assessment year 2008-09. 2.3 The ld. DR relied on the order of the AO 2.4 We have heard the rival contentions and perused the materi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... matter is pending before the Hon'ble Rajasthan High Court, therefore, the Assessing Officer's view may please be confirmed. 11. At the outset, the learned A.R. for the assessee has supported the order of the learned CIT(A) and argued that the Hon'ble ITAT in ITA No. 193/JP/2009 for A.Y. 2006-07 vide order dated 26/6/2009 at page No. 49 in paragraph Nos. 11.4,11.4.1, 11.4.2 and 11.4.3 allowed the depreciation @ 10% on expenditure incurred on road by considering the amendment made in item number building in depreciation schedule in favour of the assessee. Similar findings in ITA No. 385/JP/2010 for A.Y. 2007-08 in assessee's own case has been given on page No. 2 of the order dated 28/9/2010. Following the order of the Coordinate Bench in ....