TMI Blog2018 (1) TMI 1353X X X X Extracts X X X X X X X X Extracts X X X X ..... inst the revenue. - ITA No. 4050/MUM/2016 - - - Dated:- 31-1-2018 - SRI MAHAVIR SINGH, JM AND SRI RAMIT KOCHAR, AM For the Appellant : Rajat Mittal, DR For the Respondent : Rajesh Mohan, AR ORDER PER MAHAVIR SINGH, JM: This appeal by the Revenue is arising out of the order of Commissioner of Income Tax (Appeals)-53, Mumbai, [in short CIT(A)] in appeal No. CIT(A)-53/ACC-3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oods and therefore, the depreciation is allowable only 15% and not @30% which is applicable in the manufacturing of plastic goods. 3. Brief facts are that the assessee claimed depreciation of plastic moulds at 30% but AO restricted the depreciation at 15%. The CIT(A) deleted the disallowance by following the tribunals decision in assessee s own case by observing in Para 5.3 as under: - 5. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 263 and order of Ld.CIT was quashed by the Tribunal. Therefore, in view of the consistency, we are of the opinion that the claim of the assessee should have been accepted by the Assessing Officer as no new facts have been brought on record to justify for different stand taken during the year under consideration and such view is supported by Hon'ble Supreme court in the case of Radhasoa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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