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2014 (2) TMI 171 - ITAT KOLKATA The Appellate Tribunal ITAT KOLKATA allowed all the assessee's appeals for the assessment years 2003-04, 2004-05, and 2005-06. The Tribunal held that the initiation of proceedings under sections 147/148 was not justified as the re-opening of assessments was invalid. Additionally, the Tribunal ruled in favor of the assessee's claim of depreciation on plant and machinery during temporary suspension of manufacturing activities, emphasizing compliance with legal requirements for manufacturing companies.
2014 (5) TMI 110 - ITAT DELHI The ITAT set aside the CIT (A)'s order for Assessment Year 2003-04 and partly sustained the order for Assessment Year 2002-03, allowing the revenue's appeal for the former and partly allowing it for the latter. The penalties related to the disallowance of 100% depreciation on temporary constructions were upheld, while those related to the boundary wall depreciation and PF/ESI disallowances were deleted.
Depreciation on assets - temporary building - The fact that WBSEB and WBSEDCL had claimed depreciation at 10% on these temporary structures cannot be the basis to disallow a legitimate claim of depreciation at 100% on temporary structures which is otherwise allowable to the assessee in law.
2022 (8) TMI 258 - ITAT DELHI The Tribunal remanded the case back to the Assessing Officer (AO) for re-examination of the denial of 100% depreciation claim on temporary structures. The Tribunal highlighted that the additional evidence and legal precedents presented by the assessee were not fully considered by the Commissioner of Income Tax (Appeals) [CIT(A)]. The AO was instructed to reassess the claim in line with the law, giving the assessee an opportunity to substantiate their claim. The appeals were allowed for statistical purposes, emphasizing the need for a comprehensive review of evidence to ascertain eligibility for 100% depreciation on temporary structures.
2023 (10) TMI 1244 - DELHI HIGH COURT The Tribunal upheld its decisions for AYs 2013-14, 2014-15, and 2015-16, dismissing the department's appeals. Section 14A disallowance was deleted for shares held as stock-in-trade. HTM Securities and interest on overdue deposits raised no substantial legal questions. Depreciation on temporary structures was allowed, and provision disallowance under Section 36(1)(vii) was upheld for the assessee, following Supreme Court precedents.
2024 (1) TMI 314 - DELHI HIGH COURT The writ petition was allowed, resulting in the quashing of the notice dated 12.02.2019 and the orders disposing of objections dated 01.07.2019 and 26.07.2019. The HC determined that the reassessment proceedings were invalid due to being based on a change of opinion and were time-barred, as the notice was issued beyond the permissible period without any new material facts. The court emphasized that the original assessment had already addressed the depreciation issue, and the reassessment lacked grounds under the first proviso to Section 147 of the Income Tax Act, 1961.
2001 (10) TMI 267 - ITAT HYDERABAD-A The Tribunal dismissed both the assessee's and the Revenue's appeals, upholding the AO's adjustments and the CIT(A)'s directions. The Tribunal emphasized that the AO's adjustments were prima facie in nature and within the scope of section 143(1)(a), and that any rectification under section 154 could not address errors made by the assessee in the original return.
2018 (9) TMI 108 - CALCUTTA HIGH COURT The Court ruled in favor of the assessee on both issues presented in the case. Firstly, it held that tax deduction at source under Section 194C was not applicable to the payment of transmission charges, as it was a cost-sharing arrangement rather than a contractual service. Secondly, the Court agreed that temporary buildings erected for transmission works qualified for 100% depreciation as they were deemed purely temporary structures. The decision upheld the Tribunal's findings and dismissed the Revenue's arguments, ultimately favoring the assessee on both issues.
2014 (1) TMI 126 - ITAT COCHIN The Tribunal upheld the CIT(A)'s decision, allowing the assessee to claim 100% depreciation on a temporary shed and the remaining 10% additional depreciation in the succeeding year. The judgment clarified that the purpose and use of structures are crucial in determining eligibility for depreciation and affirmed that additional depreciation can be claimed in the subsequent year under Section 32(1)(iia) of the Income-tax Act.
2019 (2) TMI 37 - ITAT CHENNAI The Tribunal dismissed the grounds related to additional disallowance under Section 14A and depreciation on electrical fittings. It allowed the grounds related to depreciation on temporary sheds, software licenses, and non-compete fees, partly allowing the appeals of the assessee for all the assessment years.
2016 (1) TMI 746 - ITAT DELHI The ITAT Delhi allowed the appellant's appeal, quashing the AO's rectification order under section 154 concerning the claim of depreciation on temporary wooden structures at 100%. The court held that the issue of depreciation rate was debatable and required detailed examination, ruling that rectification cannot be based on debatable matters. The appellant successfully challenged the denial of the depreciation claim by the CIT(A) and the reclassification of assets, ultimately prevailing on these grounds.
2006 (2) TMI 122 - MADRAS High Court The High Court upheld the Tribunal's decision to delete the addition of the disallowed commission paid to a sister concern under section 40A(2) of the Income-tax Act. The Court found the commission payment reasonable based on comparability with industry standards. Additionally, the Court affirmed the assessee's entitlement to 100% depreciation on temporary erections, rejecting the Revenue's argument that ownership status affected depreciation eligibility. The Court dismissed the tax case, ruling in favor of the assessee without identifying any substantial questions of law for consideration.
2014 (2) TMI 522 - MADRAS HIGH COURT The High Court remitted the issue of foreign exchange gains from forward contracts back to the Assessing Officer for further examination. It restored the Assessing Officer's decision to allow 10% depreciation on temporary parking sheds. The Court upheld the Tribunal's decision on the allowability of R&D expenditure under Section 35(1)(iv) and confirmed that the expenditure on replacement of dies and moulds should be treated as revenue expenditure under Section 31. Additionally, the Court upheld the Tribunal's decision to allow the deduction of entry tax paid under Section 43B.
Assessee is entitled for 100% depreciation in respect of vinyl flooring, false ceiling, glass and wooden partitioning, electrical wiring, Net work cabling etc., in the leased premises as they are Temporary structures.
Temporary erection had been done in the office premises taken on lease - CIT(A) directed the AO to allow 100% depreciation - Order of CIT(S) sustained..... - AT
2017 (10) TMI 161 - ITAT CHENNAI The tribunal dismissed all three appeals of the Revenue. The delay in filing the appeal was condoned due to sufficient cause found. The tribunal ruled in favor of the assessee regarding the allowability of depreciation on temporary structures and expenditure on interior decoration, citing relevant judgments. Consequently, the penalty under section 271(1)(c) of the Act was also dismissed as the tribunal confirmed the deletion of the addition made by the Ld.CIT(A) on this issue.
2016 (7) TMI 736 - ITAT DELHI The Appellate Tribunal ruled in favor of the assessee, quashing the penalty under section 271(1)(c) for the claim of depreciation on temporary wooden structures taken over from a bank upon amalgamation. The Tribunal also dismissed the Revenue's appeal regarding the reduction of penalty imposed under section 271(1)(c) for the wrong claim of brought forward losses/unabsorbed depreciation on furniture and fixtures. The judgments were pronounced on 10th June 2016 by the Appellate Tribunal ITAT Delhi.
2015 (1) TMI 1105 - ITAT LUCKNOW The tribunal partly allowed the assessee's appeal, ruling in favor of the assessee on the issues of prior period expenses and depreciation on temporary sheds. However, the tribunal rejected the grounds related to centage receivable on work in progress, claim of TDS credit, and interest under sections 234A, 234B, and 234C of the Income Tax Act, 1961.
2017 (12) TMI 411 - MADRAS HIGH COURT The High Court upheld the Tribunal's decision, ruling in favor of the assessee regarding the claim of 100% depreciation on interior decoration. It found that the expenditure did not result in an enduring benefit or creation of a capital asset, determining it to be revenue in nature. The High Court clarified that the matter was factual and not a substantial question of law, dismissing the appeals raised by the Revenue. The decision emphasized the application of legal principles under the Civil Procedure Code to appeals under the Income Tax Act.
2016 (6) TMI 38 - ITAT AGRA The Tribunal upheld the CIT's order on the issues of interest not reflected in income and disallowed legal and rent expenses under Section 40(a)(ia). The Tribunal set aside the CIT's order on other issues, partially allowing the appeal.
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