The Pr. Commissioner Of Income Tax -9 v. Tikona Infinet Ltd.

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 998/2018 THE PR. COMMISSIONER OF INCOME TAX -9..... Appellant Through:

Mr. Ruchir Bhatia, Advocate versus TIKONA INFINET LTD.

..... Respondent Through:

Mr. Aniket Aggarwal, Advocate

CORAM:

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 12.09.2018 CM No.37173/2018 Allowed, subject to all just exceptions, Application is disposed of.

CM Nos.37171/2018 & 37174/2018 Delay in filing and re-filing of the appeal is condoned, as there is no opposition by learned counsel for the Revenue. The applications are allowed.

ITA No.998/2018 & CM No.37172/2018 Counsel for the appellant-Revenue states that the tax effect in the present appeal is less than Rs.50 lakhs and hence, in terms of Circular No.3 of 2018 dated 11th July, 2018, the appeal may be disposed of without answering the issue/question raised, which may be left open. Counsel for the respondent-assessee states that the issue

of depreciation on computer accessories and peripherals is covered by several decisions of this court, including Commissioner of IncomeTax Vs. BSES Yamuna Powers Ltd. (2013) 358 ITR 47 (Delhi). In view of the statement made by the counsel for the Revenue, the appeal is disposed of without answering the issue/question raised. We, however, clarify that this order would not in any way affect the ratio of the decisions relied upon by the respondent-assessee. SANJIV KHANNA, J CHANDER SHEKHAR, J SEPTEMBER 12, 2018 tp