2018 (1) TMI 1353

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....IR SINGH, JM: This appeal by the Revenue is arising out of the order of Commissioner of Income Tax (Appeals)-53, Mumbai, [in short CIT(A)] in appeal No. CIT(A)-53/ACC-36/IT-336/2014-15 dated 22-02-2016. The Assessment was framed by the Asst. Commissioner of income Tax, Circle-36, Mumbai (in short ACIT) for the assessment year 2011-12 vide order dated 28-03-2014 under section 143(3) of the Incom....

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....t AO restricted the depreciation at 15%. The CIT(A) deleted the disallowance by following the tribunals decision in assessee's own case by observing in Para 5.3 as under: - "5.3 I have considered the submissions of the appellant and perused the materials available on record. The question for adjudication is whether the A.O. was justified in restricting the claim of depreciation on plastic....

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....r as no new facts have been brought on record to justify for different stand taken during the year under consideration and such view is supported by Hon'ble Supreme court in the case of Radhasoami Satsang v. CIT (193 ITR 321). Accordingly, this ground of the appellant is allowed". It is also observed that vide its orders dated 18.03.2013 and 29.05.2015 for A.Ys.2007-08 and 2008-09 res....