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2015 (7) TMI 1183

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..... of the coordinate bench of the Tribunal in the assessee’s own case for the asstt. year 1995-96 and allowed the claim of the assesseE. We find no infirmity in the same. Thus this ground of the revenue is dismissed. Disallowance treating the capital subsidy received from Central Government as revenue receipt - whether interest was neither actually incurred nor was there any liability on the asses .....

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..... rought to our notice by the Ld. - Decided against revenue - ITA No: 6717/Del/2014 - - - Dated:- 17-7-2015 - SHRI J.SUDHAKAR REDDY ACCOUNTANT MEMBER Appellant by : Shri Manoj Kumar Chopra, Sr. DR Respondent by :Shri M.P. Rastogi, Advocate O R D E R PER J.SUDHAKAR REDDY, ACCOUNTANT MEMBER This is an appeal filed by the revenue directed against the order of the Commis .....

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..... 3. On the facts in the circumstance of the case, the Ld. CIT(A) has erred in deleting the disallowance of ₹ 5,60,973/- on account of depreciation on discarded assets u/s 32 of the Income-tax Act, 1961. 2. We have heard Shri Manoj Kumar Chopra, Sr. DR on behalf of the revenue and Shri M.P. Rastogi on behalf of the assessee. 3. On a careful consideration of the facts and circumstances .....

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..... m of the assessee. We also observed that the decision of the Tribunal was upheld by the Jurisdictional High Court . Hence we dismiss this ground of the revenue. 6. Ground No. 3 is the deletion of ₹ 5,60,973/- on account of depreciation on discarded assets u/s 32 of the Income Tax Act, 1961. Ld. First appellate authority applied the judgment of the Jurisdictional High Court in the case of .....

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