TMI Blog2015 (7) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... ld. CIT(Appeals), by following the decision of the Hon’ble Jurisdictional High Court supra, directed the Assessing Officer to allow higher depreciation. No material has been brought on record to show that the above decision of the Hon’ble Jurisdictional High Court has been either modified or reversed by the Hon’ble Supreme Court. Therefore, we find no infirmity in the order passed by the ld. CIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the benefit. However, the ld. CIT(Appeals), by considering the decision of the Hon ble Jurisdictional High Court in the case of CIT v. VTM Ltd. 2009-TIOL-521-HC-MAD-IT and also the decision in the case of CIT v. Hi Tech Arai Ltd. [2010] 321 ITR 477 directed the Assessing Officer to allow additional depreciation as claimed by the assessee. The relevant portion of the order of the ld. CIT(Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a new machinery or plant should have been acquired and installed after 3rt March 2002 by an assessee, who was already engaged in the business of manufacture or production of any article or thing. The said provision does not state that the setting up of a new machinery or plant, which was acquired and installed upto 31.03.2002 should have any operational connectivity to the article or thing that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iation on the ground that the Department has filed SLP on the decision of the Hon. Madras High Court in the case of CIT Vs Hi Tech Arai Ltd , which in fact, is binding on the Assessing Officer, subject to the final verdict of the Hon. Supreme Court. 3. The only case of the Revenue is that as against the claim of the assessee, which has been upheld by the Hon ble Jurisdictional High Court, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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