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TMI Blog2022 (1) TMI 1463X X X X Extracts X X X X X X X X Extracts X X X X ..... d with the submission made by the revenue - HELD THAT:- The substantial question of law which has been raised for our consideration has in fact been answered in favour of the revenue by the Tribunal and the present exercise which is sought to be done before us is purely academic. Learned Standing Counsel pointed out that in paragraph 2.6 of the impugned order passed by the Tribunal there is a reference to the written down value and that aspect is what the revenue has raised before this Court in this appeal as pointed out earlier. The legal issue which has been raised before us has been decided in favour of the revenue and it has been held that the assessee is not entitled for deduction as their case would fall under Clause B of proviso to S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rned Counsel for the respondent assessee. The assessing officer while completing the assessment vide order dated 8th December, 2011 under Section 143(3) of the Act rejected the claim of the additional depreciation on the plant and machinery newly added by the assessee during the assessment year under consideration. The assessee carried the matter on appeal and contended that the plant and machinery were installed in the showroom of the assessee and, therefore, they are entitled for claim for additional depreciation and clause (B) in the first proviso to Section 32(1)(iia) would not stand attracted. The Commissioner of Income Tax (Appeals) XII, Kolkata (CITA) by order dated 19th August, 20123 dismissed the appeal holding that the assessee ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1)(iia) of the Act. Therefore, the substantial question of law framed before us is not required to be answered in this appeal as it has been decided in favour of the revenue by the Tribunal themselves. So far as other direction given by the Tribunal to the assessing officer to rework the written down value on account of disallowance of additional depreciation claimed, we are informed by the learned Counsel for the respondent/assessee that such exercise has been done by the assessing officer. In the light of the above, the appeal stands disposed of on the ground that the substantial question of law framed for consideration has been in fact decided by the Tribunal in favour of the revenue. Consequently, the application also stands disposed o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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