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2022 (6) TMI 1352

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..... (4) TMI 511 - MADRAS HIGH COURT] not applicable to the facts of the present case and ignoring the Tax Audit Report in Form 3CD issued by the Tax Auditor certifying the allowable depreciation as per law? Whether the instant case falls under the exception clause in circular no. 3 of 2018 issued by the CBDT, where Board has directed to file an appeal on merits in cases where audit objection has b .....

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..... No one has entered appearance on behalf of the respondent despite valid service of notice and indulgence granted on 9th May, 2022. These appeals shall be heard on the following substantial questions of law: Tax Appeal No. 08 of 2021 (i) Whether on the above facts and in the circumstances of the case and in Law, the Learned Income Tax Appellate Tribunal is justified in deleting the .....

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..... Tax Appellate Tribunal is justified in deleting the disallowance of claim of additional depreciation of Rs. 57,97,020/- during the year by merely relying upon the judgment passed in M/s Brakes India Limited Vs. Dy. Commissioner of Income Tax, in T.C.A No. 551 of 2013 decided on 14.03.2017, not applicable to the facts of the present case and ignoring the Tax Audit Report in Form 3CD issued by the .....

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