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Sec.54E does not make any distinction between depreciable assets & non-depreciable assets,

Case Law Details

TaxGuru Citation
2013 taxguru.in 899
Case Name
Income-tax Officer Vs. M/s Polestar Industries (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2007- 2008
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Following the decision of ACE Builders (P) 28 ITR 2000(Bom) and Assam Petroleum Industries Pvt Ltd 262 ITR 58 (Gau). It was held that Section 54E does not make any distinction between the depreciable assets and non-depreciable assets, therefore, the investment u/s 54E is a permissible investment.

With this factual as also legal background, we have heard both the sides. We are of the considered view that the issue as raised by the Revenue Department in the grounds of appeal that whether the capital gain as computed u/s 50 of IT Act qualifies for the exemption if investment is made out of the sale proceeds towards prescribed bonds u/s 54EC of I.T. Act. Now, this question is very well settled by the Hon’ble Court and following the said decision we hereby confirm that there was no fallacy in the finding of CIT(A), the same is hereby confirmed and the grounds are dismissed.

ITAT AHMEDABAD “D” BENCH

ITA No. 1944/Ahd/2010

A.Y. : -2007-2008

Income-tax Officer Vs. M/s Polestar Industries 

C. No. 207/Ahd/2010

(Arising out of ITA No. 1944/Ahd/2010) A.Y.: -2007-08

M/s Polestar Industries Vs. ITO

Date of pronouncement : 31-01-2013

ORDER

PER : MUKUL KR. SHRAWAT, JUDICIAL MEMBER:-

This is an appeal filed by the Revenue and C.O. by the assessee are arising from the order of CIT(A)-XVI, Ahmedabad dated 26-03-2010. Grounds raised are reproduced below:-

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