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2017 (9) TMI 1952 - HC - Income TaxBenefit of depreciation u/s 32 on the machineries not put to use before the end of the previous year i.e. 31.3.2001 - HELD THAT:- Assessee has furnished the fabrication charges bill, certificate from AGM, production and bill of fuel consumption and quantitative details of work in progress and in such circumstances, there is no reason to hold that the machine is not put to use during the year prior to 31.3.2001. Tribunal being the last fact finding authority, it will not be proper for us to reverse the finding in favour of the department.Therefore, the first issue is answered in favour of the assessee and against the department. Excessive wastage under Section 145(3) - HELD THAT:- The issue is required to be answered in favour of the assessee against the Department. All the issues are answered in favour of the assessee and against the department.
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