MALABAR CEMENTS LTD,WALAYAR vs. ACIT, CIRCLE-1, PALAKKAD, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation actually allowed, which is ‘Nil’ in this case. The Hon'ble Apex Court in CIT v. Dom Dooma India Ltd. [2009] 310 ITR 392 (SC) has also decided the very issue against the department as follows: - “8. The key word in section 43(6)(b) of the 1961 Act is "actually". We quote hereinbelow an important observation, made

MALABAR CEMENTS LTD,WALAYAR vs. ACIT, CIRCLE-1, PALAKKAD, PALAKKAD

Bench: Shri Satbeer Singh Godara & Shri Amarjit Singh

depreciation actually allowed, which is ‘Nil’ in this case. The Hon'ble Apex Court in CIT v. Dom Dooma India Ltd. [2009] 310 ITR 392 (SC) has also decided the very issue against the department as follows: - “8. The key word in section 43(6)(b) of the 1961 Act is "actually". We quote hereinbelow an important observation, made

SHRI.PRAKASH R. NAIR,KOLLAM vs. DCIT, KOLLAM

In the result, the assessee’s appeal is partly allowed for statistical purposes

Bench: Shri Sanjay Arora & Shri Manomohan Dasprakash R. Nair Dy.Cit, Central Circle Prop. Dhanya Foods Kollam Kochuppilammoodu Vs. Kollam 691001 [Pan:Abfpn4424P] (Appellant) (Respondent)

224/- per Kg on a factory to factory basis Depreciation on assets in Andhra Pradesh - Rs 20,03,669/- (Vide Schedule to Fixed assets) No. of bags processed in Andhra Pradesh - 18,563 nos. Depreciation per kg.- Rs.5.33 Administrative Overheads (estimated) - Rs. 10/- per kg. So, total cost - Rs.228/- This is taken as the step up price after taking cognizance

P. SURENDRAN,TRIVANDRUM vs. ACIT CIRCLE 1(2), TRIVANDRUM

In the result, the appeal filed by the assessee is partly allowed for statistical

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm P. Surendran Sukanya Bhavan Asst. Cit-1(2) Vadayakkadu, Kunnukuzhy, P.O., Thiruvananthapuram Vs. Thiruvananthapuram-695 035

section will not apply to payment of loans or payment towards the purchase price of capital assets such as plant and machinery not for resale. 17. It is observed from the above said clarification of the CBDT that if the expenditure pertains to the purchase price of capital assets, such as plant and machineries which are not used for resale

KINGS INFRA VENTURES LTD,THEVARA vs. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 1 (2), KOCHI, KOCHI

In the result, the appeal by the assessee is dismissed

Bench: Shri Sanjay Arora & Shri Sandeep Gosainkings Infra Ventures Ltd. Asstt. Commissioner Of A-1, 1St Floor, Atria Apartment Income Tax, Opp. Gurudwara Temple Vs. Circle - 1(2) Perumanur Road Kochi Thevara, Kochi [Pan:Aaccv3411D] (Respondent) (Appellant) Appellant By: Shri Joseph Markose, Sr. Advocate Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R.

depreciation, being AY 2010-11, and AY 2012-13 onwards, had exceeded his jurisdiction? 4 | P a g e Kings Infra Ventures Ltd. v. Asst. CIT 4.2 Our first observation in the matter is that there is nothing on record; in fact, not even a contention to that effect at any stage, of the assessee having returned the income