RBBR INFRASTRUCTURE P.LTD,MUMBAI vs. ITO 2(3)(1), MUMBAI
In the result, this appeal by the assessee stands allowed
ITA 1456/MUM/2016[2012-13]Status: DisposedITAT Mumbai20 Mar 2018AY 2012-13
Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm आयकर अपील सं./I.T.A. No.1456/Mum/2016 ("नधा"रण वष" / Assessment Year: 2012-13) M/S. Rbbr Infrastructure Private Income Tax Officer-2(3)(1), Limited Room No. 581A, Aayakar Bhavan, बनाम/ C/O. R. C. Reshamwala & Co., Mumbai Chartered Accountants, Vs. 323, Varma Chambers, 11, Homji Street, Fort, Mumbai-400 001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaacd 3931 C (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Kirit Sanghvi & Shri Manish R. Reshamwah ""यथ" क" ओर से/Respondent By : Shri Ram Tiwari सुनवाई क" तार"ख / : 22.01.2018 Date Of Hearing घोषणा क" तार"ख / : 20.03.2018 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals) Dated 28.12.2015 & Pertains To The Assessment Year 2012- 13. 2. The Grounds Of Appeal Read As Under: 1. On The Facts & The Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals) Erred In Confirming Disallowance Of 2 M/S. Rbbr Infrastructure Private Limited Additional Depreciation Under Section 32(1)(Iia) Of The Act Of Rs.1,11,10,266/- Made By The Income-Tax Officer, On The Ground That The Assessee Has Started Production In The Succeeding Year, But Assets Were Purchased In The Previous Year & The Assessee Was Not Engaged In The Business Of Manufacturing Profits When New Machinery & Plant Were Acquired.
For Appellant: Shri Kirit Sanghvi &For Respondent: Shri Ram Tiwari
Section 32Section 32(1)(iia)
additional depreciation, the assessee submitted before the ld.
Commissioner of Income Tax (Appeals) as under:
4. ADDITIONAL DEPRECIATION:
4.01 Additional