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2014 (1) TMI 1752 - AT - Income TaxAdditional depreciation in respect of power plant - Held that:- CIT(A) has relied upon the decisions of the Hon’ble Madras High Court in the cases of Hi-Tech Arai Limited [2009 (9) TMI 60 - MADRAS HIGH COURT ], VTM Limited [2009 (9) TMI 35 - MADRAS HIGH COURT ] and Texmo Precision Castings (2009 (10) TMI 140 - MADRAS HIGH COURT ) for the purpose of holding that the assessee is eligible for additional depreciation as per provisions of section 32(1)(iia) of the Act. In the absence of any decision to the contrary much less any decision of the Hon’ble Jurisdictional High Court on the issue to the contrary, we are of the view that the order of the ld.CIT(A) on this issue is on a right footing and does not call for any interference - Decided against revenue Deduction u/s. 35D - CIT(A) allowed the claim admitting additional evidence - Held that:- . A perusal of the order of the ld.CIT(A) clearly shows that the ld.CIT(A) has deleted the disallowance by holding that the payments are in the nature of expenditure for underwriting commission and brokerage paid for certification fees allowable under section 35D of the Act. Admittedly, the fact that the AO is able to extract the figures in paras 4.8 and 4.9 of his order would clearly show that all the papers were before the AO. Further, no affidavit has been filed before the tribunal under Rule 11 of the I.T Rules nor the revenue has been able to substantiate that such evidences were not before the AO by production of any record. In the circumstances, we are of the view that the finding of the ld.CIT(A) on this issue is on a right footing and does not call for any interference - Decided against revenue Disallowance u/s 43B - as per the assessee that service tax has been paid before the due date as provided u/s. 43B - Held that:- Admittedly, the provisions of section 43B of the Act applies to payment of service tax. It is noticed that service tax along with interest for an amount of ₹ 9,20,997/- has been paid on 5-12-2007 as per challans. The service tax relates to assessment year 2007-08, which has been paid during the assessment year 2008-09. Consequently, in view of the provisions of section 43B of the Act as the service tax is paid on 5-12-2007, the same is liable to be allowed in computing the total income for the assessment year 2008-09. Consequently, the AO is directed to grant the assessee the benefit of deduction u/s. 43B of the Act towards service tax paid by the assessee to the extent of ₹ 9,20,997/- - Decided in favour of assessee
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