TMI Blog2009 (5) TMI 29X X X X Extracts X X X X X X X X Extracts X X X X ..... not used during the previous year? - Stand of the revenue is that machinery in respect of R & D centre related to the fast food unit which was closed and therefore the assessee was not entitled to any depreciation because there was no actual user of the machinery - Stand of the assessee on the other hand is that the machinery was used in respect of both the fast food and the liquor units. This as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of filing the return under Section 139(1) of the Act? 2. Whether on the facts and in the circumstances of the case, the ITAT was justified in allowing the depreciation on research and development assets which related to the closest business of fast food division/unit of the assessee company as such not used during the previous year? 3. The dispute in essence related to the applicability o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was closed and therefore the assessee was not entitled to any depreciation because there was no actual user of the machinery. 6. Stand of the assessee on the other hand is that the machinery was used in respect of both the fast food and the liquor units. This aspect needs to be factually examined. 7. We find that the basic issue as to whether it related to both the units or only to fast ..... X X X X Extracts X X X X X X X X Extracts X X X X
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