Case Law Details
Aradhana Foods and Juices P. Ltd. Vs DCIT (ITAT Delhi)
ITAT Delhi held that it is settled principle of law that crates and bottles have been allowed depreciation. Accordingly, the claim of depreciation is allowable.
Facts- The ld DR supported the assessment order and submitted that AO was quite correct and justified in making disallowance of Rs. 1,60,36,627/- on account of excess depreciation claim on crates by included in block ‘bottles and shell’. The ld DR submitted that the ld CIT(A) granted relief to the assessee without any basis therefore, the impugned first appellate order may kindly be set aside by restoring that of the AO.
Conclusion- On careful reading of Tribunal order in assessee’s own case for AY 2011-12 we note that the ld CIT(A) deleted the addition made by the AO on account of claim of depreciation. The revenue carried the matter before the Tribunal and appeal of the assessee was allowed by the Tribunal.
Held that the ld DR could not show us any different and distinguish facts and circumstances pertaining to present AY 2013-14 from 2011-12 on the issue of claim of depreciation of the assessee which could lead us to take different view as has been taken by the Tribunal in AY 2011-12. Therefore, respectfully following the order of the Tribunal order dated 09.05.2018 for AY 2011-12, we hold that the ground of the revenue for AY 2013-14 are devoid of merits and therefore we dismiss the same.
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