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TMI Blog2018 (6) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee. In our opinion the impugned order of the learned Commissioner of Income-tax (Appeals) on this issue is quite fair and reasonable - Decided against revenue - I. T. A. No. 1485/Kol/2016 - - - Dated:- 5-1-2018 - P. M. JAGTAP (Accountant Member) and ABY. T. VARKEY (Judicial Member) Sallong Yaden, Additional Commissioner of Income-tax, for the appellant. S. K. Tulsiyan, Advocate, for the respondent. ORDER P. M. Jagtap (Accountant Member). This appeal is preferred by the Revenue against the order of the learned Commissioner of Income-tax (Appeals) 9, Kolkata dated March 18, 2016 and in the solitary ground raised therein, the Revenue has challenged the action of the learned Commissioner of Income-tax (Appeals) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be examined by the learned Commissioner of Income-tax and on such examination, he found that depreciation of ₹ 1,96,36,450 was claimed by the assessee on the additions made to its power plant after October 1, 2007. According to the learned Commissioner of Income-tax, the assessee-company having utilised the said assets for less than 180 days during the year under consideration was entitled for depreciation at 50 per cent. of the normal rate and there was an error in the order of the Assessing Officer passed under section 143(3) in allowing depreciation to the assessee at 100 per cent. of the normal depreciation. He, therefore, set aside the order passed by the Assessing Officer under section 143(3) vide an order passed by him under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer thus had resulted in a total disallowance at 75 per cent. of normal depreciation which was totally unjustified. Keeping in view this specific submission made on behalf of the assessee, the learned Commissioner of Income-tax (Appeals) directed the Assessing Officer to verify the stand of the assessee and delete the excess disallowance made on account of depreciation. Aggrieved by the order of the learned Commissioner of Income-tax (Appeals), the Revenue has preferred this appeal before the Tribunal. 6. We have heard the arguments of both the sides and also perused the relevant material available on record. As submitted on behalf of the assessee before the learned Commissioner of Income-tax (Appeals), depreciation at 50 per cent. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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