9911796707
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Issues:
1. Depreciation on adjusted value of machinery due to fluctuation in exchange rate. 2. Computation of benefits under section 80HHC without deducting unabsorbed investment allowance and application of Explanation to reduce profit under section 80HHC. 3. Charging interest under section 234B only up to the date of determination of income under section 143(1)(a). Issue 1: Depreciation on adjusted value of machinery due to fluctuation in exchange rate: The Revenue's appeal challenged the CIT(A)'s direction to allow depreciation on the adjusted value of machinery due to exchange rate fluctuations. It was noted that the Revenue had previously accepted a similar order for a previous assessment year. The Tribunal rejected the Revenue's challenge, maintaining consistency with the past decision and due to the lack of a substantial challenge from the Revenue. Issue 2: Computation of benefits under section 80HHC: The second issue involved two aspects. Firstly, it questioned the CIT(A)'s direction to allow benefits under section 80HHC without deducting unabsorbed investment allowance. The AO believed the deduction should be after adjusting the allowance, but the CIT(A) disagreed, emphasizing the computation process under the Income Tax Act. The Tribunal upheld the CIT(A)'s decision, citing the Bombay High Court judgment and distinguishing it from Supreme Court decisions relied upon by the Revenue. Regarding the second aspect of this issue, the Tribunal did not provide a detailed analysis as the Department's challenge was unclear. The Tribunal declined to adjudicate on an unspecified grievance raised by the Department, leading to the disposal of both limbs of this ground without further comment. Issue 3: Charging interest under section 234B: The CIT(A) directed the charging of interest under section 234B only up to the date of determining income under section 143(1)(a). The Revenue appealed this decision, but the Tribunal upheld the CIT(A)'s view. The Tribunal noted that the Revenue was the appellant and could not seek additional relief beyond what was granted by the CIT(A) since it was not a cross-objector. The Tribunal dismissed the Revenue's appeal, affirming the decision on interest charges. In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the CIT(A)'s decisions on all three issues raised in the appeal.
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