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2017 (6) TMI 1263 - AT - Income TaxOperating expenses disallowance @ 10% - Held that:- As held earlier in this order that when an assessee does not fully honour the lawful authority of Revenue, or when lawful requirements prescribed by Revenue authorities are not fully complied with, the assessee cannot claim a lenient view as a matter of right, and the assessee must face its consequence as per law and further that the nature, extent and severity of the consequences will depend on the facts, circumstances and statutory provisions. In view of the statutory provisions, therefore, we set aside the appellate orders of the CIT(A) and the assessment orders of the AO in the case of both the aforesaid assessee and for both assessment years 2008-09 and 2009-10; and the matters are restored to the file of the AO with the direction to make denovo assessments as per law, after making further verification/inquiry/investigation, etc. in accordance with law. Depreciation of crates - plastic crates under the head ‘Bottles and Shells’ eligible for depreciation @ 50%. - Held that:- As find from the perusal of orders of the AO and CIT(A) that the above-mentioned points as well as the bottling process have not been fully considered by them. We are of the view that the aforesaid points as well as bottling process need to be first considered at lower level as it requires clear understanding of factual aspects having regard to bottling process, marketing, and related business aspects. In any case, set aside the appellate orders passed by CIT(A) and assessment orders passed by the AO for both the aforesaid assessee for both A.Y. 2008-09 and 2009-10 and we have already restored the matters to the file of the AO for denovo assessment. We hereby direct the AO to reexamine the matter regarding rate of depreciation on crates, during the proceedings for making denovo assessments and to pass fresh order as per law on this matter in the denovo assessment orders.
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