9911796707
TMI Blog1991 (11) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... o 31st March, 1984. The previous year relating to asst. yr. 1984-85, therefore, consisted of 15 months from 1st Jan., 1983 to 31st March, 1984. The change in the previous year was allowed by the ITO with the condition that it would not result in any loss to the Revenue. 2.1 During the aforesaid extended period of accounting year the assessee purchased Cytronic Phototype Setting machine costing Rs. 33,68,307 which was an imported machine and was received at Santa Cruz Airport, Bombay on 29th March, 1984. The machine was then transported to Ahmedabad as evidenced by the octroi bills and truck freight receipts which showed that the machine crossed the octroi check-post of Ahmedabad at 9 p.m. on 30th March, 1984. The assessee claimed that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... different parts which was not possible in a short time. This evidently proves that the machine in fact was neither installed nor put to use. It was further contended that the learned CIT(A) has placed reliance on a certificate from Linotype Associates (India) (P) Ltd. which was submitted before him to substantiate the assessee's claim that the machine in question can be installed within two hours provided the site is completely ready and no hardware problem was there in the equipment. This new evidence was entertained and considered by the learned CIT(A) in violation of r. 46A. He therefore, urged that the order of the CIT(A) should be set aside and that of the ITO should be restored. 5. The learned counsel for the assessee strongly supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th : (104-8 cm) 3 ft 5-1/4 inches. Weight : (235 kg.) 517 lbs." The assessee had submitted a certificate before the ITO its Works Manager certifying that the Cytronic Phototype Setting machine and Photo Composing Machine were installed and commenced the operation before 31st March, 1984. This operation was carried out under the supervision of Linotype Associates India (P) Ltd. as per letter dt. 18th Feb., 1987 submitted to the ITO Linotype Associates also gave a certificate that the equipments supplied by their associates was installed at Deepak Ads (P) Ltd. (the assessee) on 30th March, 1984. The machine in question admittedly arrived at Ahmedabad on 30th March, 1984, Job work was done on the said machine and a bill for such job char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the complicated provisions relating to depreciation. The amendment was made with a view to ensure that once the asset is installed and ready for use, it should qualify for grant of full depreciation at the prescribed rates irrespective of the variation in the time or intensity of use of the asset in the accounting year in question. 6.3 The learned Departmental Representative's contention that the CIT(A) relied upon an additional evidence in the form of a certificate from Linotype Associates India (P) Ltd. in contravention of r. 46A is also not acceptable as this certificate dt. 4th Feb., 1987 merely confirms the facts already existing on records. A letter dt. 18th Feb., 1987 was submitted to the ITO alongwith a certificate of the Works ..... X X X X Extracts X X X X X X X X Extracts X X X X
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