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2011 (10) TMI 657 - HC - Income TaxEntitled to additional depreciation under Section 32(1)(iia) - Held that:- Tribunal has not dealt with and examined the question whether or not the RMC was sold by the assessee to third party buyers or was used by the assessee themselves at their construction sites. Without deciding this primary issue/aspect the tribunal could not have decided the controversy and the issue raised. Accordingly, the impugned findings in paragraph 7 are set aside with the direction to the tribunal to re-examine the matter on merits after deciding the question whether the RMC was sold to third parties, or was captively used/utilized. The respondent assessee will be entitled to additional depreciation on the machinery/equipment used for the said activity/purpose only if the RMC was sold to third parties. In case, RMC was partly sold and partly self utilized and the effect thereof on the question of additional depreciation will be also examined by the tribunal.
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