COMMR.OF INCOME TAX,RAJKOT vs. M/S GUJARAT SIDDHI CEMENT LTD
The appeal is disposed of accordingly
C.A. No.-006144-006144 - 2008Supreme Court17 Oct 2008
Bench: The Commissioner Of Income Tax (Appeals) (In Short ‘Cit(A)’). The Disallowance Made By The Assessing Officer Was Upheld By The Cit(A) On The Ground That No Arguments Were Advanced & No Factual Details Were Furnished Regarding The Alleged Fluctuation On Account Of Foreign Exchange Rate. The Matter Was Carried In Further Appeal By The Assessee Before The Income Tax Appellate Tribunal, Rajkot (In Short ‘Tribunal’) Which Allowed The Claim Placing Reliance On A 2
Section 260ASection 32ASection 33Section 43ASection 43A(1)
260A of the Income Tax Act, 1961 (in short
the ‘Act’). The question relates to the effect of Section 43A of the Act. The
effect of fluctuation of foreign exchange rate resulting in increase of cost of
plant and machinery was the dispute.
3.
Respondent (hereinafter referred to as the ‘assessee’) claimed
increased amount as deduction as investment allowance