2011 (6) TMI 835

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....e Respondent : Shri Saroj Kumar Parida ORDER PER GEORGE MATHAN, JUDICIAL MEMBER : This is an appeal filed by the Revenue against the order of the learned CIT(Appeals)-I, Coimbatore in appeal No. 263/08-09 dated 16-10-2009 for the assessment year 2006-07. 2 Shri Shaji P. Jacob, learned Sr. DR represented on behalf of the Revenue and Shri Saroj Kumar Parida, Advocate represented on behalf o....

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....ture claimed and treated the said expenditure as capital expenditure. He vehemently supported the order of the Assessing Officer. 4. In reply, the learned authorised representative submitted that the furnace as a whole was never replaced. It was the submission that as the furnace was used for melting the raw material by subjecting the raw material to temperature as high as 1800 degree centigrad....

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....(A) has taken into consideration the decision of the Hon'ble Supreme Court in the case of Saravana Spinning Mills reported in 293 ITR 201 (SC) as also the decision in the case of M/s. Mangayarkarasi Mills (P) Ltd. reported in 306 ITR 114 (SC). He vehemently supported the order of the learned CIT(A). 5. We have considered the rival submissions. A perusal of the assessment order and the order....