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TMI Blog2019 (3) TMI 1890X X X X Extracts X X X X X X X X Extracts X X X X ..... , it transpired that the assessee claimed additional depreciation u/s 32(1)(iia) on the additions made in fixed assets used for the period of less than 180 days in AY 2012-13. Similar claim was made in the impugned AY and therefore, AO proceeded to disallow the same on the ground that the concerned plant machinery was already used in various preceding years and it was no longer new plant machi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... short referred to as AY ] 2013-14 contest the order of Ld. Commissioner of Income- Tax (Appeals)-8, Mumbai, [in short referred to as CIT(A) ], Appeal No. CIT(A)-8/IT-490/16-17 dated 09/10/2017 on following effective grounds of appeal: - 1. Whether in the facts and circumstances of the case and in law, the Ld. CIT(A) erred in deleting the balance additional depreciation of ₹ 1,02,28,246 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 77; 102.28 Lacs as against Nil return e-filed by the assessee on 28/11/2013. The assessee being resident corporate entity was stated to be engaged in manufacturing of flexible packaging material, printing cylinders metallized films. 2. During assessment proceedings, upon perusal of depreciation schedule, it transpired that the assessee claimed additional depreciation of ₹ 102.28 Lacs u/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he outset, drew attention to the fact that the Tribunal has confirmed the stand of Ld. first appellate authority for immediately preceding AY 2012-13 vide ITA No. 6360/Mum/2017 dated 31/01/2019 and therefore, the matter stood covered in assessee s favor. Although Ld. DR supported the stand of Ld. AO but failed to controvert the aforesaid submissions. 5. In view of the admitted position, respect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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