TMI Blog2012 (8) TMI 703X X X X Extracts X X X X X X X X Extracts X X X X ..... ires to be remanded back to the AO to decide the matter afresh after taking into consideration facts of the case and submissions of the assessee. - ITA No.788/Mds/11 & CO No.98/Mds/11 - - - Dated:- 7-6-2012 - Dr. O.K. NARAYANAN, AND SHRI VIKAS AWASTHY, JJ. Revenue by : Mr. Vikramaditya, Sr. AR Assessee by : Mr. D.Manohar O R D E R PER VIKAS AWASTHY, JUDICIAL MEMBER: The present appeal of the Revenue and the cross objection of the assessee are directed against the order of the CIT(A), Salem dated 15.02.2011. 2. The assessee is a partnership firm and is engaged in the business of manufacturing and export of textile garments and fabrics. The assessee filed return of income for the assessment year 2005-06 on 28.03.20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... due date of filing the return of income under section 139(1) of the Act for the relevant assessment year in which generation of power had begun. As per the Assessing Officer, the assessee in the present case had not given option to get higher rate of depreciation before the due date of filing of return, as such pre-requisite conditions of availing higher depreciation is not satisfied, therefore, the assessee is not eligible to claim higher rate of depreciation at 80%. 3. Aggrieved against the assessment order dated 31.12.2009, the assessee preferred an appeal before the CIT(A). The CIT(A) vide order dated 15.02.2011allowed the appeal of the assessee. Now the Revenue has come in second appeal impugning the order of the CIT(A) primarily o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts and fabrics. The assessee is entitled for higher rate of depreciation @ 80% instead of special rates as per Appendix A1. He submitted that the Assessing Officer has not appreciated the fact that Appendix 1A is not applicable in the case of assessee as it is not engaged in generation distribution of power. 6. We have heard the rival submissions made by the parties and have gone through the orders passed by the Assessing Officer as well as CIT(A). A perusal of the impugned order dated 15.2.2011 shows that the CIT(A) has not passed reasoned order for allowing the appeal of the assessee. The order of the CIT(A) is cryptic and sketchy. The CIT(A) has not passed speaking order giving detailed reasons for allowing the appeal of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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