2022 (7) TMI 1312

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.... appellant Mr. S.M. Surana, Adv. Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. ...for respondent ORDER The Court : This appeal filed by revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 13th February 2019 passed by the Income Tax Appellate Tribunal "A" Bench, Kolkata in I.T.(SS).A. No. 09 (kol) of 2017 relating to the A.Y. 2010-2011.. ....

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.... case, the Learned Income Tax Appellate Tribunal has erred on facts as well as in law in deleting the disallowance of 50% of additional depreciation claimed in Assessment year 2010-2011, ignoring the fact that the proviso for allowing the remaining 50% of allowable additional depreciation in the subsequent assessment year, came into the statute with effect from 01.04.2016 and thus, it was not ther....

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....than 180 days in that year and, therefore, only 10% of the additional depreciation under Section 32(1)(iia) could be allowed on same in that year, balance additional depreciation of 10% could be allowed on these assets in the relevant subsequent year 2009-10. The operative portion of the decision reads as follows:- 7. The assessee preferred an appeal before the Commissioner of Income-t....

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....may, the decision of the Tribunal in the case of Brakes India Ltd. v. Dy. CIT [T.C. A. No. 551 of 2013, dated 14-3-2017], was appealed against before the Division Bench of this Court in and the Division Bench noted the decision in Rittal India Limited as well as M.M. Forgings and ultimately, allowed the appeal filed by the assessee. In doing so, the Division Bench of this Court distinguished the d....