2011 (3) TMI 1774 - AT - Income Tax

Summary

Issues involved: The appeal of the Revenue against the order of the ld. CIT(A)-III, Chennai, dated 26.2.2009 for assessment year 2002-03 regarding entitlement of the assessee for 100% depreciation on Dies & Moulds and civil works connected with Reverse Osmosis Plant and TET Plant.

Entitlement of 100% Depreciation on Dies & Moulds:
The appeal raised the issue of whether the assessee is entitled to 100% depreciation on Dies and Moulds. The ld. CIT(A) held in favor of the assessee. The ITAT order in the assessee's own case for the A.Y 2003-04 was cited, which had not become final as the department had appealed to the High Court u/s 260A. The Tribunal noted that the issues were covered by a previous decision in the assessee's case for assessment years 2000-1 and 2005-06. The ld. DR conceded that the issues were in favor of the assessee based on the Tribunal orders. Consequently, the appeal of the Revenue was dismissed.

Entitlement of 100% Depreciation on Civil Works:
The appeal also contested the entitlement of the assessee for 100% depreciation on civil works connected with Reverse Osmosis Plant and TET Plant. Similar to the previous issue, the ld. CIT(A) ruled in favor of the assessee, citing an ITAT order from the assessee's case for the A.Y 2003-04. The Tribunal found that the issues were covered by a previous decision in the assessee's case for assessment years 2000-1 and 2005-06. The ld. DR, after reviewing the Tribunal order, acknowledged that the issues favored the assessee. Consequently, the Tribunal dismissed the appeal of the Revenue.

Conclusion:
The Tribunal, after considering the submissions and relevant material, dismissed the appeal of the Revenue as both issues regarding the entitlement of the assessee for 100% depreciation on Dies & Moulds and civil works connected with Reverse Osmosis Plant and TET Plant were found to be covered in favor of the assessee based on previous Tribunal orders. The decision was made in accordance with the Tribunal order, and the appeal of the Revenue was consequently dismissed.