Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (3) TMI 580 - AT - Income TaxAdditional depreciation u/s 32(1)(iia) - activities undertaken by the assessee amount to Manufacture - Whether the term ‘manufacture was introduced in the Act w.e.f. 01.04.2009 by way of insertion of section 2(29BA) and therefore, the claim of the assessee regarding its activity qualifying as ‘manufacture’? - CIT- allowed the deduction - HELD THAT:- We find that CIT(A) while deciding the issue has noted that the facts of the case under consideration were similar to A.Y. 2007-08. We further find that while deciding the identical issue in assessee’s own case for A.Y. 2011-12 & 2012-13 [2021 (3) TMI 935 - ITAT DELHI] and following the decision of Tribunal in assessee’s own case or A.Y. 2013-14 [2020 (1) TMI 1371 - ITAT DELHI] held the issue to be covered in assessee’s favour. Before us, Revenue has not placed any material on record to demonstrate that the facts in the case in the year under consideration and that of earlier years are different and distinguishable and further no material has been placed by the Revenue to demonstrate that the decision rendered by the Tribunal in assessee’s own case in earlier years has been stayed/ set aside/ overruled by higher judicial forum. In such a situation, we find no reason to interfere with the order of CIT(A). Thus grounds of the Revenue are dismissed.
|