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2015 (9) TMI 1181 - AT - Income TaxAddition made by the AO on account of deduction u/s 80HHC on DEPB - CIT(A) deleted the addition - Held that:- Respectfully following the ratio laid down by the Hon’ble Supreme Court in the aforesaid referred to judgment [2015 (4) TMI 193 - SUPREME COURT] do not see any merit in this ground of the departmental appeal wherein held that we find that in essence the High Court has quashed the severable part of third and fourth proviso to sec. 80HHC (3) and it becomes clear therefrom that challenge which was laid to the conditions contained in the said provisos by the respondent has succeeded. However, to make the position crystal clear, we substitute the direction of the High Court with the following direction :- Having seen the twin conditions and since 80HHC benefit is not available after 1.4.05, we are satisfied that cases of exporters having a turnover below and those above 10 cr. Should be treated similarly. This order is in substitution of the judgment in Appeal. - Decided against revenue. Disallowance on account of depreciation - CIT(A) deleted the addition - Held that:- In the present case, it is noticed that the disallowance of depreciation on vehicles was restricted by the ld. CIT(A) to the extent of 6% by following the decision of the ITAT in assessee’s own case for the preceding assessment year 2001,2002, during the course of hearing, nothing contrary to the said decision was brought on record. Therefore, we do not see any valid ground to interfere the findings of the ld. CIT(A). As regards to the disallowance of depreciation on the building, the ld. CIT(A) categorical stated that the assessee had claimed the depreciation @ 5% on the additions made after 30.09.2001 while the AO allowed the depreciation @ 5% on all the additions in the building account without considering that certain additions were prior to 30.09.2001 on which the depreciation at the rate of 10% was available. The ld. CIT(A) deleted the addition after considering the various details which were called for and were duly submitted by the assessee. Therefore, the impugned addition was also rightly deleted by the ld. CIT(A).The remaining addition on account of depreciation on Plant and Machinery was also made by the AO by assuming the installation date to be post 30.9.2001 while the ld. CIT(A) categorically stated that the assessee furnished all the details called for with proper evidences and after being satisfied, he deleted the addition made by the AO, on the basis of the evidences furnished by the Assessee. We therefore, do not see any merit in this ground of the departmental appeal since nothing contrary to the observations of the ld. CIT(A) is brought on the record.As regards to the Cross Objections filed by the assessee, the ld. Counsel for the assessee submitted that he has the instruction not to press the same and gave in writing C.O.’s withdrawn.” In view of that the Cross Objections filed by the assessee are dismissed as withdrawan.
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