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2018 (10) TMI 1804 - AT - Income TaxDisallowance u/s 80IA - initial assessment year - HELD THAT:- We consider that the initial assessment year is the year in which the assessee makes the claim for the first time and not the year in which the eligible unit commences production. In the case of the assessee the initial assessment year will be A.Y. 2010-11 as the assessee has made first time claim of deduction u/s 80IA of the act and the assessment year 2005-06 the year in which the production was commenced. As per CIRCULAR NO.1/2016 [F.NO.200/31/2015-ITA-I], DATED 15-2-2016 assessee who is eligible to claim deduction u/s 80-IA has the option to choose the initial/ first year from which it may desire the claim of deduction for ten consecutive years, out of a slab of fifteen ( or twenty) years, as prescribed under that sub-section .In the light of the above facts and circular of the Board we do not find any error in the findings of the Ld.. CIT(A), therefore, the appeal of the revenue on this issue is dismissed. Additional depreciation u/s. 32(1)(2) - parts or important/essential parts of plant and machinery, transport vehicle and on the office appliance - HELD THAT:- As decided in own case [2017 (12) TMI 1746 - ITAT AHMEDABAD] assessee has purchased certain spare parts in respect of the machinery which is used for the purpose of power generation units. We further find that the purchase of spare parts for the machinery was treated as capital expenditure and, therefore, makes the assessee eligible for claim of depreciation and also the claim of additional depreciation on the same. - Decided against revenue.
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