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2017 (5) TMI 10 - AT - Income TaxAddition on account of interest received on delayed payments/ compensation - Held that:- We find that the provision of Sec. 145A(b) of the Act is not applicable by the CBDT in its Circular for the year under consideration. It is because it has been clarified to be applicable with effect from AY 2010-11. Thus, the issue of impugned interest is duly covered by the judgment of Hon'ble Supreme Court in the case of Rama Bai (1989 (11) TMI 2 - SUPREME Court). Accordingly, respectfully, following the precedent as above we hold that there is no infirmity in the order of the Ld. CIT(A). It is also important to note that the Revenue is at liberty to tax the impugned interest income in the respective assessment years as per the provisions of law. Accordingly, we uphold the same. Disallowance of the TDS credit - AO disallowed the same by observing that the corresponding income was offered to tax in the earlier year and therefore the amount of TDS which pertaining to the income which has been offered to tax in earlier year was not allowed - Held that:- Form the facts of the case we find that the assessee has been following system to claim the benefit of TDS amount deducted by the party consistently and no disallowance has been made by the Revenue. Moreover the ld. DR has not brought anything on record anything contrary to the findings of ld. CIT(A). Thus in our considered view there is no defect in the order of ld. CIT(A). Besides the above we also find that the assessee has already shown income corresponding to the TDS of ₹ 51,615.00 in the earlier years which shows that the assessee has already suffered the burden of income tax in the earlier years without claiming the benefit of TDS. Indeed in this case the assessee has borne the burden of the tax out of his own fund. Moreover if the party has not deducted the TDS in the relevant year, there is no fault of the assessee. There is also no loss to the Revenue. Therefore we find no infirmity in the order of the Ld. CIT(A). Accordingly, we uphold the same. - Decided against revenue. Disallowance of additional depreciation u/s. 32(1)(iia) - AO disallowed the claim as the assessee is not engaged in any manufacturing activities - Held that:- Instant issue is already covered by the decision in the sister concern of assessee in the case of CIT vs. G.S. Atwal & Co. [2001 (2) TMI 32 - CALCUTTA High Court] held that [after winning coal something that was not thee comes up, and it is, therefore, a production of coal. - Decided in favour of assessee
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