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TMI Blog2022 (7) TMI 1312X X X X Extracts X X X X X X X X Extracts X X X X ..... Ms. Swapna Das, Adv. Mr. Siddhartha Das, Adv. ...for respondent ORDER The Court : This appeal filed by revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 13th February 2019 passed by the Income Tax Appellate Tribunal "A" Bench, Kolkata in I.T.(SS).A. No. 09 (kol) of 2017 relating to the A.Y. 2010-2011.. The revenue has raised the following sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on facts as well as in law in deleting the disallowance of 50% of additional depreciation claimed in Assessment year 2010-2011, ignoring the fact that the proviso for allowing the remaining 50% of allowable additional depreciation in the subsequent assessment year, came into the statute with effect from 01.04.2016 and thus, it was not there for assessment year 2010-2011 ? We have heard Mr. Tilak ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dditional depreciation under Section 32(1)(iia) could be allowed on same in that year, balance additional depreciation of 10% could be allowed on these assets in the relevant subsequent year 2009-10. The operative portion of the decision reads as follows:- 7. The assessee preferred an appeal before the Commissioner of Income-tax [Appeals]-I CIT (A), Chennai, who by order dated 14-7-2016 allowed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT [T.C. A. No. 551 of 2013, dated 14-3-2017], was appealed against before the Division Bench of this Court in and the Division Bench noted the decision in Rittal India Limited as well as M.M. Forgings and ultimately, allowed the appeal filed by the assessee. In doing so, the Division Bench of this Court distinguished the decision in the case of M.M.Forgings Ltd. (supra) by observing that the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 55/2017 which was dismissed by an order dated 24-9-2018. Thus, the decision of the Division Bench in the case of Brakes India Ltd. (supra) having been approved by the Hon'ble Supreme Court, we are bound by the said decision and accordingly, following the same. Thus following the above decision the appeal filed by the revenue is dismissed and substantial questions of law are answered against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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