TMI Blog2015 (11) TMI 1770X X X X Extracts X X X X X X X X Extracts X X X X ..... identical and respectfully following the judgment of coordinate bench in respect of the assessee, issue decided in favour of assessee - ITA No.1505/Mum/2014 Assessment Year: 2009-10 - - - Dated:- 4-11-2015 - Shri R.C.Sharma And Shri Pawan Singh, JJ. Assessee by: Shri Anuj Kisnadwalla Revenue by: Shri Manoj Mishra (DR) ORDER Pawan Singh, 1. This appeal is filed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n disallowing expenses on account of shuttering material of ₹ 39,44,706/ - as revenue expenditure. 4. On the facts and circumstances of the case, the Learned Commissioner of Income Tax (Appeals)-30 has erred in facts and in law in rejecting the claim of the assessee for grant of depreciation on entire shuttering material of ₹ 5,37,25,110/ - instead of limiting depreciation on ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .12.2011. 3. Against the order of AO, the assessee filed an appeal before the CIT(A). The CIT(A) while disposing of the appeal confirmed the disallowance of ₹ 5,67,80,664/- made u/s 40(a)(ia) of the Act and addition of ₹ 19,15,898/- on account of administrative expensive of ₹ 39,44,706/- on account of capital expenditure , and deleted the addition of ₹ 67,88,996/- on acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent as per JV agreement and in fact the employee working for the joint venture were the employee of ITD Cementation Ltd, tax deduction was not required to be made by the assessee u/s 192 of the IT Act in respect of payments made to ITD Cementation India Ltd, toward the salary of their employee working for the joint venture, since the payment was made towards the reimbursement of salary of and rela ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the AY 2008-09. The ground No. 6 of appeal No.ITA No. 4335/Mum/12 of assessee was remanded to the file of AO vide order dated 09.04.2014, hence the present ground pertaining to the shuttering material is also remanded to the file of AO , with the direction to decide the same in accordance with the direction contained in the of appeal No. ITA No. 4335/Mum/12. 8. As a result, appeal filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X
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