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Issues:
1. Disallowance of depreciation on plant and machinery. 2. Disallowance of expenditure on laboratory and chemicals apparatus, advertisement, and under section 35D. 3. Chargeability of interest under section 215. Analysis: Issue 1: Disallowance of Depreciation on Plant and Machinery The appeal contested the disallowance of depreciation on plant and machinery by the CIT(A). The AO disallowed the depreciation as the assets were not put to active use for manufacturing activities. The CIT(A) upheld the disallowance citing the Gujarat High Court's decision in a similar case. However, the appellate tribunal reversed the decision, emphasizing that trial production constituted usage as per precedents from various High Courts. The tribunal referred to judgments like Whittle Anderson Ltd. and Vayithri Plantations Ltd. to support its stance on the broad interpretation of "used" for depreciation allowance. Issue 2: Disallowance of Expenditure The CIT(A) referred back three expenditure-related issues to the AO due to lack of proper justification for disallowance. The tribunal upheld this decision, stating that the AO had not provided sufficient reasoning for disallowing the claims. As a result, the grounds related to laboratory and chemicals apparatus, advertisement, and section 35D expenditure were dismissed. Issue 3: Chargeability of Interest under Section 215 Regarding the levy of interest under section 215, the CIT(A) rejected the appeal, citing the Supreme Court's decision in Central Provinces Manganese Ore Co. Ltd. vs. CIT. However, the tribunal disagreed, asserting that the assessee disputed the liability for interest due to unforeseen disallowances by the AO. The tribunal referenced the Gujarat High Court's judgment in CIT vs. Bharat Machinery & Hardware Mart to support its decision to reverse the CIT(A)'s ruling and hold that the assessee was not liable for interest under section 215. In conclusion, the tribunal partially allowed the appeal, overturning the disallowance of depreciation on plant and machinery while upholding the referral of expenditure issues back to the AO. Additionally, the tribunal ruled in favor of the assessee regarding the chargeability of interest under section 215, based on the unforeseen nature of the disallowances.
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