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TMI Blog2014 (2) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... II/KOL/08-09 dated 07.06.2010 for the assessment years 2003-04, 2004-05 and 2005-06 respectively. 2. Shri Soumitra Choudhury, Advocate, learned AR represented on behalf of the assessee and. Smt. Sucheta Chattopadhyay, learned JCIT/DR represented on behalf of the revenue and 3. In the assessee's appeal in ITA No.1891/Kol/2010 for A.Y 2003-04, the assessee has raised the following grounds of appeal:- I) For that on the facts of the case, ld.CIT(A) has acted arbitrarily in confirming the AO's findings as to initiation of proceedings u/s. 147/148 of the I.T Act 1961. 2) For all the material facts were disclosed in the audit note and accounts, balance sheet and tax audit report filed along with the return of income so, it does not call for i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take action u/s. 147/148 of the I.T Act. 6) For that a number of decisions relied on by the ld.CIT(A) does not squarely applicable to the fact of the present case and following the decision of the full bench of the High Court as well Supreme Court, the reassessment order should have been struck down as it is erroneous and perverse. 7) For that the appellant reserves the right to adduce any further ground or grounds, if necessary, at or before the hearing of the appeal. 4. In the assessee's appeal in ITA No.1892/Kol/2010 for A.Y 2004-05, the assessee has raised the following grounds of appeal:- I) For that on the facts of the case, ld.CIT(A) has acted arbitrarily in confirming the AO's findings as to initiation of proceedings u/s. 147/14 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not give the long hand to the AO to reopen to assessment u/s. 147/148 of the I.T Act, therefore, the disallowance of the depreciation Rs.8,43,226/-- made in original assessment cannot be a ground to take action u/s. 147/148 of the I.T Act. 6) For that a number of decisions relied on by the ld.CIT(A) does not squarely applicable to the fact of the present case and following the decision of the full bench of the High Court as well Supreme Court, the reassessment order should have been struck down as it is erroneous and perverse. 7) For that the appellant reserves the right to adduce any further ground or grounds, if necessary, at or before the hearing of the appeal. 5 In the assessee's appeal in ITA No.1893/Kol/2010 for A.Y 2005-06, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eous, perverse, malafide and illegal. 5) For that the Plant & Machinery were under trial run and was ready for use, but temporary suspension of the work due to labour unrest in the mill, and it does not give the long hand to the AO to reopen to assessment u/s. 147/148 of the I.T Act, therefore, the disallowance of the depreciation Rs.6,32,419/- made in original assessment cannot be a ground to take action u/s. 147/148 of the I.T Act. 6) For that a number of decisions relied on by the ld.CIT(A) does not squarely applicable to the fact of the present case and following the decision of the full bench of the High Court as well Supreme Court, the reassessment order should have been struck down as it is erroneous and perverse. 7) For that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act had been issued, the return for the assessment year 2006-07 was very much available before the AO and the manufacturing had been restarted. It was also the submission that in the original assessments, which had been completed u/s. 143(3) of the Act, the claim of depreciation had been examined by the AO and he allowed the same. It was the further submission that in the director's report for all the three assessment years, it had also been mentioned that there was only temporary suspension of work. It was the submission that further the assessee being a company manufacturing process can not be brought to hold without complying with various legal requirements. It was the submission that the temporary suspension of the manufacturing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... id block of assets/plant & machinery is granted depreciation, then such depreciation on the plant & machinery becomes continuous allowance until and unless the business itself is discontinued. In the assessee's case, there is no discontinuance of business. In the business , temporary stoppage of manufacturing process would not disentitle from the assessee's claim of depreciation in respect of the said block of assets. Admittedly, it is noticed that in these three assessment years i.e A.Ys. 2003- 04, 2004-05 & 2005-06, which are under appeal that there has been temporary suspension of the manufacturing activities. In fact, for the assessment year 2006-07 onwards the depreciation has also been granted to the assessee on the WDV being written ..... X X X X Extracts X X X X X X X X Extracts X X X X
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