TMI Blog2009 (5) TMI 922X X X X Extracts X X X X X X X X Extracts X X X X ..... t at Jodhpur this appeal has been filed. The questions raised before this Court are as follows : 1. Whether the High Court is right in laws and on the facts of the case in dismissing the appeal of the revenue ? 2. Whether the High Court has failed to consider the following substantial questions of law : (A)Whether on the facts and in the circumstances of the case, the ITAT was justified ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ITAT allowing the depreciation on research and development assets which related to the closed business of Fast Food Division/Unit of the assessee-company as such not used during the previous year ? (D)Whether in the facts and in the circumstances of the case, the Division Bench of the High Court was justified in affirming the findings of ITAT deleting the disallowance of ₹ 14,51,100 hol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are the subject-matter in Civil Appeal No. 3511 of 2007 and Civil Appeal No. 2939 of 2006, our answers to the questions given in relation to section 43B and depreciation on research and development machinery and replacement of transformers shall apply to the facts of the present case also. The additional issue here relates to technical service charges. According to learned counsel for the revenue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7 it would have been required to pay ₹ 107.323 lakhs as per the old agreement whereas the assessee has during these two years paid ₹ 30 lakhs for each year. The Tribunal and the High Court recorded a finding that the new agreement in April, 1992 was not a subterfuge or clandestine device to reduce the tax liability but was an expenditure incurred on business expediency and the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X
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