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2019 (8) TMI 107 - DELHI HIGH COURTSubstantial question of Law - addition was revenue neutral - disallowance of depreciation made by AO on enhanced value due to de-merger against original zero cost due to government grant - CIT(A) though upheld the addition but grant deduction u/s 80IC on increased profit due to disallowance - same the fate at ITAT - HELD THAT:- It is interesting that as far as the present appeal by the Revenue is concerned, no issue has been urged regarding the benefit of Section 80IC being available to the Assessee. The only ground urged is regarding the Assessee being allowed to claim depreciation in respect of assets acquired by DSL prior to the demerger from out of the government grants made available to DSL in terms of Central Excise (CE) Tariff Notification. Inasmuch as the Revenue does not question the availability of the benefit of the Section 80IC to the Assessee during the AY in question, as noted by the ITAT, the issue concerning depreciation has been rendered revenue neutral and, therefore, academic. Consequently, while leaving the question raised by the Revenue open for consideration in an appropriate case, the Court sees no reason to interfere with the impugned of the ITAT. No substantial question of law arises.
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