2019 (12) TMI 1294

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....x (Appeals)-1. Vadodara ["the CIT(A)"] erred in fact and in law in confirming the action of the Deputy Commissioner of Income Tax, Circle-1(1)(1), Vadodara' ["the AO"] in restricting depreciation on electric installation to 10% instead of 15% as claimed by the Appellant and thereby confirming the addition of Rs. 14,63,324/- to the income of the Appellant. 2. The learned CIT(A) erred in fact and in law in confirming the action of AO in restricting the depreciation on electrical installation to 10% instead of 15% despite the fact that the electrical installation is an integral part of the plant and machinery. 3. The learned CIT (A) erred in fact and in law in confirming the action of the AO in initiating penalty proceedi....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n of Tribunal in the assessee's own case in ITA no.3077 to 3079 and 3115 to 3120/Ahd/2011 dated 13.11.2017. The ld.Senior Departmental Representative has also concurred with the submission of the ld.Counsel of the assessee. 10. We have considered facts and find that the Tribunal in the aforesaid case (supra) in para 9 has observed as under : "9. Learned Departmental Representative fails to dispute the crucial fact that the assessee had in fact disclosed all its depreciation details in Form 3CD Annexure 1A. Her case however is that Section 149(l)(b) envisages time limit for issuing Section 148 notice to be between four years to six years squarely applies in facts of the instant case. We find no merit in the instant argu....