9911796707
TMI Blog2014 (6) TMI 802X X X X Extracts X X X X X X X X Extracts X X X X ..... ted:- 6-6-2014 - Shri D. K. Tyagi, J.M. And Shri Anil Chaturvedi, A.M.,JJ. For the Appellant : Shri Mehul Shah For the Respondent : Shri P.L. Kureel, Sr. D.R. ORDER Per Shri Anil Chaturvedi,A.M. 1. This appeal is filed by the Assessee against the order of CIT(A)-I, Surat dated 20.06.2011 for A.Y. 2008-09. 2. The facts as culled out from the material on record are as under. 3. Assessee is an individual and proprietor of Anurag Fabrics and Kartik Embroidery. Assessee electronically filed her return of income for A.Y. 2008-09 declaring total income at Rs. Nil. The case was selected for scrutiny and thereafter the assessment was framed under section 143(3) vide order dated 24.12.2010 and the total income was de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged in manufacturing activity and therefore Assessee was not eligible for additional depreciation. He accordingly disallowed the claim of additional depreciation amounting to Rs. 12,25,300/-. Aggrieved by the order of A.O, Assessee carried the matter before CIT(A). CIT(A) upheld the order of A.O by holding as under:- 5. The arguments of the A.O as well as submissions of the appellant has been considered. The Assessing Officer has given sound reasons in support of his action of holding that embroidery work is not manufacturing activity. At best it is value addition only. Appellant has not led any evidence which would call for interference in A.O s order. In view of the above, the Assessing Officer s order is confirmed. 5. Aggrieved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue in favour of Assessee by holding as under:- 3. Brief facts of the case are that assessee is engaged in the business of embroidery work on clothes. During the year under consideration assessee claimed 20 % of additional depreciation of Rs. 35,45,700/- u/s 32(l)(iia) of the Act on the machinery installed by him claiming himself involved in the business of manufacturer or production of article or thing. According to A.O. the activities of the assessee are basically of job work of embroidery on finished clothes obtained from his clients which are neither manufactured nor processed by him therefore assessee cannot be considered as manufacturer or producer. Consequently, the additional depreciation of Rs. 35,45,7007- claimed by the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
