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2021 (10) TMI 1269 - HC - Income TaxRevision u/s 263 - Dis-allowance of additional depreciation u/s 32(1)(iia) - Claim of assessee was rejected in the year under consideration by order under Section 263 of the Act, since no new plant and machinery was put to use in that Assessment Year - ITAT allowed the appeal relying upon the judgment of Rittal India (P) Ltd. [2016 (1) TMI 81 - KARNATAKA HIGH COURT] HELD THAT:- The judgment of Rittal India [2016 (1) TMI 81 - KARNATAKA HIGH COURT] has been considered by this Court in an unreported order in M/s. Godrej Industries Ltd. [2018 (12) TMI 64 - BOMBAY HIGH COURT] - This Court in Godrej Industries Ltd. [2018 (12) TMI 64 - BOMBAY HIGH COURT] has also relied upon the judgment of T. P. Textiles Pvt. Limited [2017 (3) TMI 739 - MADRAS HIGH COURT] wherein Madras High Court has considered the additional proviso which was inserted to Section 32(1) (iia) of the Act and has also concurred with the view of the Madras High Court that said newly added third proviso to clause (ii) of subsection 1 of Section 32 of the Act being clarificatory in nature would apply to case covering past period also. In our view, ITAT has not committed any perversity or applied incorrect principles to the given facts and when the facts and circumstances are properly analysed and correct test is applied to decide the issue at hand, then, we do not think that question as pressed raised any substantial question of law.
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