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2009 (9) TMI 159 - HC - Income TaxAssessing Officer (AO) disallowed the claim of additional depreciation only on the ground that in the original return filed by the assessee, the assessee had not furnished Form No. 3AA. This decision of the Assessing Officer was reversed by the Commissioner of Income-tax (Appeals) on the ground that even the revised return was filed within the limitation period and, therefore, this could not be a ground for disallowance - Tribunal rightly upheld the order of Commissioner, inasmuch as a very hyper-technical view was taken by the Assessing Officer in disallowing the additional depreciation. – Royalty paid by the assessee to the Korean company at rate calculated per piece of production - Further, finding of the Commissioner of Income-tax (Appeals) that payment of royalty was purely a revenue expenditure, which was annual expenditure depnding upon the quantum of production in the relevant year, as approved by the Income-tax Appellate Tribunal, is a finding of fact
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