DCIT Cen Cir 40, Mumbai vs. Saf Yeast Co. P. Ltd, Mumbai
In the result, the appeals of Revenue are dismissed and the appeals of assessee are partly allowed
ITA 1780/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Nov 2017AY 2008-09
Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am
For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I
…particular format or procedure has been laid down in second proviso in relation to disclosure of exercise of option by an assessee.” 42. Further, the assessee explained that the AO relied on a decision of P & H High Court in the case of CIT vs Suraj Theatre (274 ITR 558) to support his erroneous contention that captive generation of the electricity is not eligible for investment allowance u/s 32A of the Act. The assessee, in that case was engaged in the business of exhibition of motion pictures and a generator was installed for running a cinema hall and issue before High Court was whether a theatre is an industr…