Itta/163/2012 Of The Commissioner Of Income Tax-Iv v. Moschip Semiconductor Technology Ltd

THE HONOURABLE SRI JUSTICE GODA RAGHURAMANDTHE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO ITTA No. 163 of 2012 Dated: 26-11-2012 Between: The Commissioner of Income Tax-IV,Hyderabad And Moschip Semiconductor Technology Ltd.,Hyderabad …Appellant …Respondent. THE HONOURABLE SRI JUSTICE GODA RAGHURAMANDTHE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO ITTA No. 163 of 2012 Judgment(Per Hon’ble Sri Justice Goda Raghuram) This appeal by the Revenue preferred against the order of theIncome Tax Appellate Tribunal, Hyderabad “A” Bench (for short ‘theTribunal’) dated 13-11-2009 allowing ITA No. 323/Hyd/2009 ismisconceived, since the order of the Tribunal is passed pusruant to anagreement between the assessee and the department that theexpenditure in question should be treated as capital in nature andallowed depreciation at 60% on the said expenditure. In the circumstances the appeal is misconceived and isaccordingly dismissed. _________________________ GODA RAGHURAM, J 26[th] November, 2012 GRR _______________________________ M.S.RAMACHANDRA RAO, J