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TMI Blog2015 (9) TMI 1544X X X X Extracts X X X X X X X X Extracts X X X X ..... units of the Assessee and if, in fact, the entire block of assets in respect of which depreciation was claimed was actually put to use. The ITAT also did not consider that there is no longer a requirement for the COD to grant permission to the Revenue to file an appeal.The Court accordingly sets aside the impugned order of the ITAT on the issue of depreciation and remands the appeals to this exten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the Appellant : Mr N. P. Sahni, Senior Standing Counsel with Mr Nitin Gulati, Junior Standing Counsel. For the Respondent : Ms Meenakshi Sood, Advocate. ORDER 1. Allowed, subject to all just exceptions. 2. The applications stand disposed. 3. These appeals by the Revenue under Section 260A of the Income Tax Act, 1961 are directed against the order dated 30th September, 2014 passed by the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) deleting the addition made by the AO. 5. The learned counsel for the Assessee drew the attention of this Court to the observation in para 6 of the impugned order where the ITAT has noted the submission of the learned counsel for the Assessee that "even if some of the units of the assessee are closed, other units are certainly working ..." 6. In the considered view of the Court, there has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as well as the ITAT. It is seen that even before the AO, the Assessee offered an explanation for treating one part of the Quarry Development Expenditure pertaining to the removal of the over burden etc. at the mines which was utilized for capital works like laying of roads, stock yards crushed ramp etc. as capital expenditure whereas the rest of the expenditure was claimed as revenue expenditure. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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