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2012 (3) TMI 693

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..... PER Challa Nagendra Prasad, Judicial Member This is an appeal filed by the Department against order of the CIT(A), Tiruchirapalli dated 24.10.2011 in ITA No. 324/2010-11 for the assessment year 2006-07. Dr. Yogesh Kamath, CIT- DR represented on behalf of the Revenue and Shri S. Keerthirajan, C.A. represented on behalf of the assessee. 2. The only issue raised in the appeal of the Revenu .....

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..... e from business consists of income from car hire charges, sales commission and power generation. The assessee filed return on 31.10.2006 declaring total income of ₹ . 3,30,35,780/- and the assessment was completed on 30.12.2010 under section 143(3) r.w.s. 147 of the Act determining total income at ₹ .3,90,95,380/-. The Assessing Officer, while completing the assessment disallowed addit .....

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..... ithin or outside India by any other person; or (B) any machinery or plant installed in any office premises or any residential accommodation, including accommodation in the nature of a guest-house; or (C) any office appliances or road transport vehicles; or (D) any machinery or plant, the whole of the actual cost of which is allowed as a deduction (whether by way of depreciation o .....

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..... cle or thing, is not entitled for additional depreciation as per the provisions of section 32(1)(iia) of the Act. 8. The case law relied on by the CIT(A) and the assessee, in the cases of CIT v. Hi Tech Arai Ltd. (supra) and CIT v. Texmo Recession Carbides (supra) are not applicable to the facts of the assessee s case and are distinguishable on facts. In those cases, the assessees are engaged i .....

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