TMI Blog2014 (11) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal is upheld – Decided against revenue. - TAX APPEAL NO. 1894 of 2005 With TAX APPEAL NO. 1896 of 2005 - - - Dated:- 13-11-2014 - MR. KS JHAVERI AND MR. K.J.THAKER, JJ. FOR THE APPELLANT : MRS MAUNA M BHATT, ADVOCATE FOR THE RESPONDENT : MRS SWATI SOPARKAR, ADVOCATE JUDGEMENT Per; K S Jhaveri: 1. By way of these appeals, the appellant of Tax Appeal No. 1894/2005 has challenged the judgment and order dated 20.1.2005 passed by the Incometax Appellate Tribunal, Ahmedabad Bench B in ITA No. 3274/Ahd/2004 for AY 1998-99 and the Appellant of Tax Appeal No. 1896/2005 has challenged the judgment and order dated 21.3.2005 passed by the Income-tax Appellate Tribunal, Ahmedabad Bench B in ITA No. 3323/Ahd/2004 for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fore the Income Tax Appellate Tribunal, which was dismissed, against which, the present Tax Appeal No. 1894/2005 is preferred by the Revenue. The facts of Tax Appeal No. 1896/2005: 4. The assessee has filed return of income on 30.102001 declaring total income of ₹ 6,83,82,808/-. The deduction amounting to ₹ 50,10,144/- was claimed under sec. 80IA of the IT Act. Besides this, the assessee claimed deduction amounting to ₹ 9,40,604/- u/s. 80HHC. The case was selected for scrutiny and a notice u/s. 143(2) was issued on 25.10.2002. Another notice u/s. 143(2) was issued on 30.5.2003 due to change of Assessing Officer having jurisdiction over the case. The details related to the case were called by issuing a notice u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the ld. Counsel that the above gas cylinder had a capacity of more than 1000kg., still the ITAT held it to be gas cylinder because it was used for transporting gas. No contrary decision is brought to our notice. We, therefore, respectfully following the above decision of ITAT, Ahmedabad Bench uphold the order of CIT(Appeals) in this respect who has directed the Assessing Officer to allow 100% depreciation on the gas cylinders having the capacity of 100kg. Accordingly, the Revenue s appeal has no merit. The same is rejected. 7. Even otherwise, the issue is covered against the department in view of decision of this Court in the case of Commissioner of Income-tax-I v. Gujarat Alkalies and Chemicals Ltd., reported in [2014] 43 taxmann.c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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