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3 results for “depreciation”+ Section 13(8)clear

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Key Topics

Section 1482Depreciation2

INDUSTRIAL INCUBATOR vs. DY.COMMNR.OF I.T.

ITA/179/2004HC Orissa10 Nov 2021

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE ADITYA KUMAR MOHAPATRA

Section 142(1)Section 143(3)Section 148

8. The AO then examined the claim of depreciation @ 25% on the cost of the approach road, pond reservoirs etc. The Assessee was unable to explain the basis for such claim. The AO held that these could not be considered to be plant and machinery and accordingly, the rate of depreciation was limited

NALCO vs. COMNR.OF INCOME TAX

ITA/133/2012HC Orissa09 May 2022

Bench: : The Hon’Ble Justice Surya Prakash Kesarwani & The Hon’Ble Justice Rajarshi Bharadwaj Date : 16Th January, 2024 Appearance : Sri Vipul Kundalia, Adv. Smt. Oindrilla Ghosal, Adv. ...For The Appellant. Sri J.P. Khaitan, Sr. Adv. Sri Sanjoy Bhaumik, Adv. Smt. Swapna Das, Adv. ...For The Respondent. 1. Heard Sri Vipul Kundalia, Learned Senior Standing Counsel For The Appellant/Revenue & Sri J.P. Khaitan, Learned Senior Advocate Assisted By Sri Sanjoy Bhaumik & Smt. Swapna Das, Learned Advocates For The Respondent/Assessee. 2. This Appeal Was Admitted By This Court By An Order Dated 30.11.2012 On The Following Substantial Questions Of Law: “1) Whether In View Of The Facts & Circumstances Of The Instant Case The Tribunal Erred By Not Considering That Subsides Which May Be Used Freely

Section 43(6)Section 89

8. It is undisputed that the assessee acquired a mining lease of 9.99 kilometers situated in village- Chittorgarh for obtaining lime stone used as raw material for manufacture of cement. To carry out the mining operation/business activity, the assessee has paid the amount in question to land owners for damage caused to the surface of the land or for infringement

COMNR.OF INCOME TAX vs. NEELACHAL ISPAT NIGA

Appeals are dismissed

ITA/119/2013HC Orissa21 Feb 2022

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

Section 260

8. Notice had been issued to the respondent/revenue and the revenue is represented by Mr. K.V. Aravind, learned standing Counsel. Both Counsel for appellant and respondent being present and making submissions, we have heard for disposal though the appeals have come up only for Admission. 9. Mr. Aravind, learned Standing Counsel appearing on behalf of the respondent/revenue points out that