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of <h1>Gujarat High Court: Tax Appeal on Section 80IA(5) Disallowance & Mining Spare Parts Depreciation</h1> The Gujarat High Court admitted a Tax Appeal concerning disallowance under Section 80IA(5) of the Act and additional depreciation on mining spare parts. ... Deduction u/s 80IA - additional depreciation on spare parts (related to mining) - HELD THAT:- Tax Appeal is ADMITTED on the following substantial questions of law :- “[A] Whether the Appellate Tribunal has erred in law and on facts in upholding the decision of CIT(A) deleting the disallowance of ₹ 43,62,61,420/- made by Assessing Officer under Section 80IA(5) of the Act? [B] Whether the Appellate Tribunal has erred in law and on facts in upholding the decision of CIT(A) allowing additional depreciation on spare parts (related to mining), which cannot be treated as Plant & Machinery eligible for additional depreciation?” To be heard alongwith the Tax Appeal No.942 of 2018. The Gujarat High Court admitted a Tax Appeal based on substantial questions of law regarding disallowance under Section 80IA(5) of the Act and additional depreciation on spare parts related to mining. The appeal is to be heard along with Tax Appeal No. 942 of 2018.
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