DCIT, NEW DELHI vs. M/S. SCALE MENTHOL INDIA LTD, NEW DELHI
In the result, the appeals filed by the Revenue in ITA Nos
ITA 1291/DEL/2009[2006-07]Status: DisposedITAT Delhi28 Aug 2019AY 2006-07
Bench: Shri A.D. Jain & Shri N.K. Billaiya[A.Y 2006-07] & Co No. 70/Del/2013 (A/O Ita No. 379/Del/2012 [A.Y 2007-08])
For Appellant: Shri S.D. Kapila, AdvFor Respondent: Shri S.S. Rana, CIT- DR
Section 40
…re prepared by the two revenue departments. Therefore, it cannot be said that the plant and machinery were not in existence or were not used in the business of the assessee. The ld. AR stated that the decision in the case of Sheth & Sura Engineering [P] Ltd 110 ITD 39, relied upon by the revenue authorities, is misplaced and prayed for allowance of depreciation. 32. Per contra, the ld. DR strongly supported the findings of the Assessing Officer and once again relied upon the decision of the Tribunal in the case of Sheth & Sura Engineering [P] Ltd [supra]. 33. We have given a thoughtful consideration to the o…