THE ACIT,, VIJAYAWADA vs. M/S. ABC ENGINEERING WORKS,, VIJAYAWADA

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.112/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2008-09) Dy.Cit, Circle-2(1) Vs. M/S Abc Engineering Works Vijayawada Plot No.24, 2Nd Road Autonagar, Vijayawada [Pan : Aaffa7383K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.79/Viz/2013 (Arising Out Of I.T.A.No.112/Viz/2013) (निर्धारण वर्ा/Assessment Year : 2008-09) M/S Abc Engineering Works Vs. Dy.Cit, Circle-2(1) Plot No.24, 2Nd Road Vijayawada Autonagar, Vijayawada [Pan : Aaffa7383K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 210/Viz/2015 & 75/Viz/2017 (निर्धारण वर्ा/Assessment Year : 2010-11 & 2012-13) M/S Abc Engineering Works Vs. Dy.Cit, Circle-2(1) Plot No.24, 2Nd Road Vijayawada Autonagar , Vijayawada [Pan : Aaffa7383K] Dy.Cit, Circle-1(1) Vijayawada (प्रत्यर्थी/ Respondent) (अपीलार्थी/ Appellant)

depreciation claim requires detailed examination of records / materials. Hence, it is not within the scope of provisions of section 154

THE ACIT,, VIJAYAWADA vs. M/S. ABC ENGINEERING WORKERS,, VIJAYAWADA

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.112/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2008-09) Dy.Cit, Circle-2(1) Vs. M/S Abc Engineering Works Vijayawada Plot No.24, 2Nd Road Autonagar, Vijayawada [Pan : Aaffa7383K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.79/Viz/2013 (Arising Out Of I.T.A.No.112/Viz/2013) (निर्धारण वर्ा/Assessment Year : 2008-09) M/S Abc Engineering Works Vs. Dy.Cit, Circle-2(1) Plot No.24, 2Nd Road Vijayawada Autonagar, Vijayawada [Pan : Aaffa7383K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 210/Viz/2015 & 75/Viz/2017 (निर्धारण वर्ा/Assessment Year : 2010-11 & 2012-13) M/S Abc Engineering Works Vs. Dy.Cit, Circle-2(1) Plot No.24, 2Nd Road Vijayawada Autonagar , Vijayawada [Pan : Aaffa7383K] Dy.Cit, Circle-1(1) Vijayawada (प्रत्यर्थी/ Respondent) (अपीलार्थी/ Appellant)

depreciation claim requires detailed examination of records / materials. Hence, it is not within the scope of provisions of section 154

M/S. ABC ENGINEERING WORKS,,VIJAYAWADA vs. THE DY. CIT,, VIJAYAWADA

Bench: Shri V. Durga Rao& Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.112/Viz/2013 (निर्धारण वर्ा/Assessment Year : 2008-09) Dy.Cit, Circle-2(1) Vs. M/S Abc Engineering Works Vijayawada Plot No.24, 2Nd Road Autonagar, Vijayawada [Pan : Aaffa7383K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Cross Objection No.79/Viz/2013 (Arising Out Of I.T.A.No.112/Viz/2013) (निर्धारण वर्ा/Assessment Year : 2008-09) M/S Abc Engineering Works Vs. Dy.Cit, Circle-2(1) Plot No.24, 2Nd Road Vijayawada Autonagar, Vijayawada [Pan : Aaffa7383K] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकर अपील सं./I.T.A.No. 210/Viz/2015 & 75/Viz/2017 (निर्धारण वर्ा/Assessment Year : 2010-11 & 2012-13) M/S Abc Engineering Works Vs. Dy.Cit, Circle-2(1) Plot No.24, 2Nd Road Vijayawada Autonagar , Vijayawada [Pan : Aaffa7383K] Dy.Cit, Circle-1(1) Vijayawada (प्रत्यर्थी/ Respondent) (अपीलार्थी/ Appellant)

depreciation claim requires detailed examination of records / materials. Hence, it is not within the scope of provisions of section 154

THE ACIT, CIRCLE - 1(1),, VISAKHAPATNAM vs. VISAKHAPATNAM PORT AUTHORITY,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

VISAKHAPATNAM PORT AUTHORITY, ,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

THE VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ASST. CIT,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ACIT, CIRCLE - 1(1),, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ADDL. CIT.,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

VISAKHAPATNAM PORT AUTHORITY,,VISAKHAPATNAM vs. THE ACIT,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM vs. VISAKHAPATNAM PORT AUTHORITY,, VISAKHAPATNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1),, VISAKHAPATNAM vs. VISAKHAPATNAM PORT AUTHORITY, , VISAKHAPTNAM

In the result, CO raised by the assessee is disposed off as discussed herein above

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.25/Viz/2014 ("नधा"रणवष"/ Assessment Year :2010-11) Visakhapatnam Port Authority, Vs. Addl. Cit, (Formerly Known As M/S. Range-1, Visakhapatnam Port Trust) Visakhapatnam. Visakhapatnam. Pan: Aaalv0035C (अपीलाथ"/ Appellant) (""यथ"/ Respondent)

depreciation 65. of Rs. 2,85,45,401/- as claimed by the assessee in respect of capital dredging. This issue identical to that of the issue raised by the assessee in its appeal ITA No. 396/Viz/2014 vide Ground No.4.Since the facts and circumstance of the case as well as the issue involved in both the appeals are identical our decision

ACIT, CIRCLE -1(1),, VISAKHAPATNAM vs. BHARAT HEAVY PLATE AND VESSELS LTD, VISAKHAPATNAM

In the result, both the appeals of the revenue and both the appeals of the assessee are dismissed

Bench: Shri B.R. Baskaran, Hon’Ble & Shri Duvvuru R.L. Reddy, Hon’Ble

section 43B of the Act would apply to the employees‟ contribution also. He submitted that the view in ITA Nos. 438 & 439/VIZ/2017 (M/s. Bharat Heavy Electricals Ltd.) favour of the assessee should be followed in case of divergent views expressed by different non-jurisdictional High Courts. Accordingly he submitted that the Ld CIT(A) was justified in granting relief

BHARAT HEAVY PLATE & VESSELS LIMITED, NOW KNOWN AS BHARAT HEAVY ELECTRICALS LIMITED (HPVP UNIT),VISAKHAPATNAM vs. DCIT, CIRCLE-3(1),, VISAKHAPATNAM

In the result, both the appeals of the revenue and both the appeals of the assessee are dismissed

Bench: Shri B.R. Baskaran, Hon’Ble & Shri Duvvuru R.L. Reddy, Hon’Ble

section 43B of the Act would apply to the employees‟ contribution also. He submitted that the view in ITA Nos. 438 & 439/VIZ/2017 (M/s. Bharat Heavy Electricals Ltd.) favour of the assessee should be followed in case of divergent views expressed by different non-jurisdictional High Courts. Accordingly he submitted that the Ld CIT(A) was justified in granting relief

BHARAT HEAVY PLATE & VESSELS LIMITED, NOW KNOWN AS BHARAT HEAVY ELECTRICALS LIMITED (HPVP UNIT),VISAKHAPATNAM vs. DCIT, CIRCLE-3(1),, VISAKHAPATNAM

In the result, both the appeals of the revenue and both the appeals of the assessee are dismissed

Bench: Shri B.R. Baskaran, Hon’Ble & Shri Duvvuru R.L. Reddy, Hon’Ble

section 43B of the Act would apply to the employees‟ contribution also. He submitted that the view in ITA Nos. 438 & 439/VIZ/2017 (M/s. Bharat Heavy Electricals Ltd.) favour of the assessee should be followed in case of divergent views expressed by different non-jurisdictional High Courts. Accordingly he submitted that the Ld CIT(A) was justified in granting relief

ACIT, CIRCLE -1(1),, VISAKHAPATNAM vs. BHARAT HEAVY PLATE AND VESSELS LTD, VISAKHAPATNAM

In the result, both the appeals of the revenue and both the appeals of the assessee are dismissed

Bench: Shri B.R. Baskaran, Hon’Ble & Shri Duvvuru R.L. Reddy, Hon’Ble

section 43B of the Act would apply to the employees‟ contribution also. He submitted that the view in ITA Nos. 438 & 439/VIZ/2017 (M/s. Bharat Heavy Electricals Ltd.) favour of the assessee should be followed in case of divergent views expressed by different non-jurisdictional High Courts. Accordingly he submitted that the Ld CIT(A) was justified in granting relief