9911796707
TMI Blog2013 (6) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals)-21, Mumbai ('CIT(A)' for short) dated 14.07.2011, dismissing the assessee's appeal contesting its assessment u/s.143(3) of the Income Tax Act, 1961 ('the Act' hereinafter) for the assessment year (A.Y.) 2008-09 vide order dated 10.11.2010. 2. The assessee is a company engaged in the manufacturing of powder coa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ut to use within a period of two days. In appeal, the assessee submitted commissioning certificates in respect of the machines supplied to it by a Chinese vendor, as per which the trial run on these machines was carried out on 19.02.2008, 21.02.2008, 25.02.2008, 22.03.2008 and 23.03.2008. However, the appellant could not explain as to how, when the trial run was carried out in the month of Februar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... achinery stands actually purchased on the last two days of the year, as stated by the A.O., and which would only be on the basis of the purchase bills of the machinery produced before him as well as the assessee's accounts. Their date of delivery would also be borne out by the assessee's records. In fact, another aspect of the matter which is quizzical is that several dates have been given for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would only be accompanied by payment of excise duty. In the facts and circumstances of the case, we, admitting the same, restore the matter back to the file of the assessing authority for a de novo examination of the matter, adjudicating the same afresh per a speaking order in accordance with law and after affording the assessee a reasonable opportunity of stating its case before him. His finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ur observations in the matter are only preliminary and limited to our finding the facts being indeterminate, with the matter being purely factual, i.e., whether the relevant assets acquired during the year have been actually put to use during the year, along with the relevant dates, so as to form part of the relevant block of assets and, thus, be exigible to depreciation allowance u/s.32. We decid ..... X X X X Extracts X X X X X X X X Extracts X X X X
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