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TAXAP/2212/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 2212 of 2009
=================================================
COMMISSIONER
OF INCOME TAX-I - Appellant(s)
Versus
ADITI
EXPORTS PVT LTD - Opponent(s)
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Appearance
:
MR MR BHATT, SR.
ADV. with MRS
MAUNA M BHATT for Appellant(s) : 1,
None for Opponent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 27/04/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Revenue
is in appeal against the judgment of the Tribunal dated 22.5.2009
raising following question for our consideration:-
” Whether
the Appellate Tribunal is right in law and on facts in reversing the
order passed by CIT(A) and thereby deleting the disallowance of
depreciation of Rs.68,45,979/- made on account of plant and
machinery?”
2. Having
perused the judgment of the Tribunal with the assistance of the
learned counsel for the Revenue, we find that the entire issue is
based on facts. The Tribunal, found that in the appeal of the
assessee in the previous order, it was held that the assessee had
acquired requisite plant and machinery and used in production. The
Tribunal, further, found that the existence of the plant and
machinery has, thus, been accepted in the assessment year 2002-2003.
The Tribunal, therefore, found that the assessee was entitled to
depreciation as claimed on such plant and machinery. We see no error.
Tax Appeal is dismissed.
(Akil
Kureshi, J. )
(Ms.
Sonia Gokani, J.)
sudhir
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