TMI Blog2015 (10) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the excise records were verified by the excise authorities and the genuineness of those documents could not be doubted. In Commissioner of Income Tax Vs. Mentha and Allied Products (2009 (11) TMI 539 - Allahabad High Court) held that the assessee was entitled to claim depreciation on plant and machinery, even though it was used during the year for trial production. Once a finding has been given by the Tribunal that the assessee has operated the plant during the relevant previous year, the assessee became entitled for depreciation and was rightly allowed by the first appellate authority. - Decided in favour of assessee. Disallowance of foreign travelling expenses on 34 persons - disallowance on basis of a tax audit report on the groun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd Sri Shubham Agrawal, the learned counsel for the appellant and Sri Rupesh Jain along with Sri R.S. Agarwal, the learned counsel for the respondent. The present appeal is for the assessment year 1996-97. The assessee deals in manufacture of polyester yarn chips and other activities and had set up three new units during the period relevant to the assessment year 1996-97. One of the units was established at Nasik, which manufactured polyester chips. The second unit was also established at Nasik, which manufactured poly films and the third unit was set up in Silvasa, which was engaged in photo processing. The assessee filed a return showing a loss, which was not accepted and an assessment order was passed on 31st March, 1999 disallowing t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and operated the plant during the relevant previous year, which was borne out from the excise records and the raw material purchased and consumed by the assessee. The Tribunal had further given a finding that the excise records were verified by the excise authorities and the genuineness of those documents could not be doubted. In Commissioner of Income Tax Vs. Mentha and Allied Products, 2010 (236) CTR 329 a Division Bench of this Court held that the assessee was entitled to claim depreciation on plant and machinery, even though it was used during the year for trial production. Once a finding has been given by the Tribunal that the assessee has operated the plant during the relevant previous year, the assessee became entitled for deprec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e amount. The Tribunal found that the names of the 34 persons were placed before the first appellate authority, which was examined and accepted and no adverse material was found by the departmental representative. The Tribunal found that 34 persons, who had travelled were dealers and distributors of the assessee and such trip was organized to promote the business of the assessee and, therefore, was entitled for such allowance. This being a finding of fact, which is not perverse, we are of the opinion that no substantial question of law arises. On the question of disallowance of ₹ 77,74,507/- towards commission, the Tribunal found that cheques were paid to commission agents, who in turn, were regular income tax assessees'. We ar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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