TaxTMI 
TaxTMI 
2011 (11) TMI 96
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.... portion of the impugned order is reproduced as under: "2. With regard to ground No.1, the assessee claimed 100% depreciation amounting to Rs.41,37,577/-. The AO, however, allowed depreciation on sheds @ only 10%, treating the construction as construction of office building. The assessee had submitted that the sheds were of temporary nature and were necessary for carrying out efficient business for earning of profits; that after the project is over, the sheds are handed over to the contractee. The AO rejected this plea of the assessee since the assessee had not shown any income from any such transfer to its contractee. It was observed that Rs.20,26,181/- had been incurred at the Koklata Regional Office-I of the assessee, whereas sums of ....
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....at they were not built on the land owned by the assessee; and that after the contract got over, these structures were to be handed over to the contractee. It has, however, been found by the authorities below concurrently, that the construction in question is different from the construction involved in assessment year 1998-99. It was observed that the expenditure of Rs.20,26,181/- included the purchase of cement for Rs.1,92,360/- and of sand of Rs.1,02,386/-. Likewise, there were other expenses of sanitary items, water tank, plywood, roof tiles, black stone, tube well, tiles, etc. These heads of expenses were found not to be required for construction of temporary sheds required for residence of labours and storage of material. These facts do....
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....ion 260A of the Act is the fourth tier of appeal in most of the cases and a third tier of appeal in a few cases. 6. Learned counsel for the appellant has referred to sub-Section (6) to Section 260A of the Act and submits that jurisdiction of the Court is very wide. The said sub-Section reads as under:- "(6) The High Court may determine any issue which - (a) has not been determined by the Appellate Tribunal; or (b) has been wrongly determined by the Appellate Tribunal, by reason of a decision on such question of law as is referred to in sub-section (1)." 7. Clause (a) of sub-Section (6) to Section 260A of the Act states that the High Court may decide an issue, which is not determined by the Appellate Tribunal. The word "determ....
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.... examining and ascertaining the facts and then applying law to the facts ascertained. This issue and question requires examination from a different context and on distinct principles after elucidating and recording the relevant factual matrix. 9. The reliance placed by the counsel for the appellant on Mahalakshmi Textile Mills Ltd. (supra) is misconceived and not apposite. In paragraph 2 of the aforesaid case, it was observed that besides submitting the claim that expenditure was allowable as development rebate, the assessee in the said case had urged that the amount laid out for introducing the Casablanca Conversion System was allowable under Section 10(2)(v) of the Indian Income Tax Act, 1922. The expenditure was allowed by the Tribuna....