D.C.I.T CIR - 2,KOLKATA, KOLKATA vs. M/S JEEVAN DIESELS & ELECTICALS LTD, KOLKATA
In the result, Revenue’s appeal is dismissed and that of assessee’s
ITA 806/KOL/2013[2009-10]Status: DisposedITAT Kolkata18 Feb 2016AY 2009-10
Bench: Shri N.V.Vasusdevan & Shri Waseem Ahmed
Section 10BSection 143(3)Section 80Section 80I
…. Relevant portion of that judgment reads as under: ‘6. Submissions before us remain the same. We are of the opinion that the case is directly covered by the judgment of the Apex Court in Aspinwall & Co. Ltd. v. Commissioner of Income Tax, Eranakulam, (2001) 7 SCC 525. In that case the assessee was engaged, inter alia, in curing of coffee for which it had installed coffee-curing plants. It had claimed investment allowance under Section 32-A of the Income Tax Act which ITA No.806/Kol/2013 & CO.48/Kol/2013 A.Y. 2009-10 DCIT, Cir-2, Kol. v. M/s Jeevan diesels & Electricals Page 5 depended upon the issue as to wheth…