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2016 (1) TMI 310 - AT - Income TaxAllowability of depreciation at the rate of 100% on the temporary structure - CIT(A) disallowed claim - Held that:- The assessee has not filed the lease deed document, though the assessee has filed copy of the tax invoice and other bills towards purchase of materials for the above partition/false ceiling works. On perusal of para 4.1 of the order of the ld. CIT(A) and para 2 of the assessment order, we find that there is no clarity on the nature of the asset, on which depreciation at the rate of 100% is claimed. The copy of the Invoice No. DA/63 dated 16.10.2006 relied upon by the ld. Counsel for the assessee only describes the list of items of raw materials purchased by the assessee. It does not describe the nature of fixed asset. Therefore, there is need for basic facts relating to the assets in question, if there are partitions, ceiling, etc. or otherwise. In view of the above facts and circumstances, we set aside the order passed by the ld. CIT(A) and remit the matter back to the Assessing Officer to verify the lease deed and other documents as may be filed by the assessee and decide the issue afresh in accordance with law after allowing sufficient opportunity of hearing to the assessee by keeping in view of the ratio laid down by the Hon'ble Jurisdictional High Court in the case of Thiru Arooran Sugars Ltd. v. DCIT (2013 (2) TMI 450 - Madras High Court ). - Decided in favour of assessee for statistical purposes.
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