TaxTMI 
TaxTMI 
2013 (9) TMI 974
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....har ORDER (Delivered by Hon'ble Dr. Satish Chandra, J) Present appeal has been filed by the department under Section 260 A of the Income Tax Act, against the judgment and order dated 31.01.2011 passed by the Income Tax Appellate Tribunal, Lucknow in I.T.A.No.46/LKW/2000, for the assessment year 1995-96. On 13.07.2011, a coordinate Bench had admitted the appeal on the following substantial ques....
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....ssessee by following its earlier order for the assessment year 1988-89. Being aggrieved, the department has filed the instant appeal. With this background, Sri D.D.Chopra, learned counsel for the department has justified the AO's order. He submits that shuttering material is a consumable item in bridge construction activity and as and when used it is consumed in entirety. Therefore, the item of s....
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....sment year 1988-89, the similar benefit was given to the assessee, where 100% depreciation was allowed. During the course of argument, none of the parties was able to tell the fate of that order passed by the Tribunal. It may be mentioned that in the instant case, the construction of the bridge is the main business activity of assessee for which the shuttering is an essential item. The assessee i....