Dismissed
The Commissioner of Income Tax-Iv v. Moschip Semiconductor Technology Ltd.
Telangana HCITTA/163/2012
Case brief
from the order text
What is this about?
SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE…
What the court decided
AI extract
SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE…
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THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND
THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
ITTA No. 163 of 2012
Dated: 26-11-2012
Between: The Commissioner of Income Tax-IV, Hyderabad And Moschip Semiconductor Technology Ltd., Hyderabad
…Appellant
…Respondent.
THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO
ITTA No. 163 of 2012
Judgment (Per Hon’ble Sri Justice Goda Raghuram)
This appeal by the Revenue preferred against the order of the Income Tax Appellate Tribunal, Hyderabad “A” Bench (for short ‘the Tribunal’) dated 13-11-2009 allowing ITA No. 323/Hyd/2009 is misconceived, since the order of the Tribunal is passed pusruant to an agreement between the assessee and the department that the expenditure in question should be treated as capital in nature and allowed depreciation at 60% on the said expenditure.
In the circumstances the appeal is misconceived and is accordingly dismissed.
_________________________ GODA RAGHURAM, J
26th November, 2012
_______________________________ M.S.RAMACHANDRA RAO, J
GRR
Commissioner of Income Tax-IV, Hyderabad
Moschip Semiconductor Technology Ltd., Hyderabad
Goda Raghuram
M.S. Ramachandra Rao
As recorded by the court registry
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