2014 (11) TMI 635

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.... Sumanth JUDGMENT (Delivered by R. Sudhakar, J.) Dr. (Mrs.) Anita Sumanth, learned counsel takes notice on behalf of the respondent/assessee. 2. The Revenue has filed these appeals challenging the order of the Income Tax Appellate Tribunal 'D' Bench, Chennai, dated 1.12.2010 made in I.T.A.No.145/Mds/2010 and C.O.No.49/Mds/2010 for the assessment year 2000-2001, raising the foll....

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....under Section 115JA of the Income Tax Act (for brevity, the Act ). The return was processed under Section 143(1)(a) on 6.12.2001, determining the total income at Rs. 8,20,010/- under Section 115JA of the Act. The case was selected for scrutiny and notice under Section 143(2) of the Act was served on the assessee on 28.11.2001. Thereafter, assessment order under Section 143(3) of the Act was passed....

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....ustified in passing an order under Section 154 of the Act was rejected by the Commissioner of Income Tax (Appeals). 3.4. Assailing the said order, the revenue preferred an appeal before the Tribunal and the assessee filed a cross-objection. The Tribunal, on merits, took the view that the issue as to whether Vapour Absorption Machine System is liable for 100% depreciation or not is a debatable i....

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.... for the Revenue tried to plead that vapour absorption machine installed by the assessee is part of the centralized air conditioner and it cannot be used as an independent machine and, therefore, depreciation at 25% should only be allowed. 6. The said plea raised by the revenue cannot be accepted as it is evident from the order of the Commissioner of Income Tax (Appeals) that Vapour Absorption ....