2022 (2) TMI 1464

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.... BHATTACHARYYA For the Appellant : Mr. Tilak Mitra, Advocate, Mr. Saumen Bhattacharjee, Advocate For the Respondent : Mr. J.P. Khaitan, Sr. Advocate, Mr. Agnibesh Sengupta, Advocate and Mr. Soumitra Datta, Advocate ORDER The Court : - It appears there is a delay of 715 days in filing the appeal. We have perused the affidavit filed in support of the condone of delay application and find....

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....cting the Assessing Officer to allow additional depreciation on assets purchased and acquired before 31.03.2002 as because as per Section 32(1)(iia) additional depreciation can only be availed when acquisition and installation of the machines were acquired through purchase before 31.03.2002 though installed after 31.03.2002? B. Whether the Learned Tribunal has committed substantial error ....

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.... the Tribunal was set aside on the ground that there was absolutely no application of mind by the Tribunal to the evidence which was placed by the assessee and there was no discussion. Upon remand the Tribunal analysed the factual position and allowed the assessee's appeal and sustained the finding of the assessing officer allowing the claim for additional depreciation. On going through the impugn....