Income Tax Appellate Tribunal held answer only against Revenue.
The appeal is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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22.01 ITL 56 of 2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
INCOME TAX APPEAL NO.56 OF 2018
The Pr. Chief Commissioner of Income Tax (Central), Nagpur
… Appellant
Versus
M/s. R.B. Seth Shreeram Narsingdas, Nagpur and another …Respondent
Mr. Anand Parchure, Advocate for Appellant. Mr. Anand Jaiswal, Senior Advocate, assisted by Shri S.N. Dongre, Advocate for Respondents.
CORAM : NITIN JAMDAR & ANIL S. KILOR, JJ DATE : 22 JANUARY 2021
P.C. :
This Appeal filed under Section 260A of the Income Tax Act, 1961 pertains to the Assessment Year 2006-07. Out of various questions taken in the appeal memo, the following question is pressed before us :
“e. Whether on the facts and circumstances of the case and in law, the Hon’ble ITAT erred in deleting the disallowance of Rs.2,75,60,358/- being additional depreciation on Windmills claimed by the assessee by holding that no incriminating material was found on this issue?”
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22.01 ITL 56 of 2018.odt
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22.01 ITL 56 of 2018.odt
prejudicial to the interest of the Appellant- Revenue. Show cause notice was issued to the Respondent to justify its claim for additional depreciation on Windmills under Section 32(1)(iia) of the Act. The order was passed by the Commissioner of Income Tax under Section 263 of the Act on 9 July 2010 setting aside the order passed by the Assessing Officer on 29 December 2008. Thereafter the proceedings reached this Court and in Appeal, the same question regarding additional depreciation of 20% on Windmill under Section 32(1)(iia) of the Act was raised and was held against the Revenue. This decision was rendered by this Court on 18 July 2017.
Lanjewar
Prashant Lanjewar
Digitally signed by Prashant Lanjewar Date: 2021.01.28 14:52:30 +0530
Colour shows how this judgement treated each authority
The Pr. Chief Commissioner of Income TaxReferred¶17
Income Tax Appeal No.21 of 2011 with Income Tax Appeal No.22 of 2011
2 provisions across 1 enactments
The Pr. Chief Commissioner of Income Tax (Central), Nagpur
M/s. R.B. Seth Shreeram Narsingdas, Nagpur and another
Nitin Jamdar
Anil S. Kilor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
