Itta/416/2013 Of Commissioner Of Income Tax-Ii v. Krishna Sai Exports Pvt Ltd

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH ATHYDERABAD THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA ANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No. 416 of 2013 DATE: 17.09.2013 Between: Commissioner of Income Tax-II,Hyderabad. … Appellant AndM/s. Krishna Sai Exports Pvt., Ltd.,Hyderabad. … Respondent This Court made the following: THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTAANDTHE HON’BLE SRI JUSTICE K.C. BHANU I.T.T.A. No. 416 of 2013 JUDGMENT:(Per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be admitted on the following suggested question of law: Whether on the facts and circumstances of the case and in law, theappellate Tribunal is justified in holding that mere extraction of granite blocksfrom mines per se is tantamount to production for the purposes of grant ofadditional depreciation under Section 32(i)(iia) of the Income Tax Act? We have heard the learned counsel for the appellant and gone throughthe impugned judgment and order of the learned Tribunal. It appears that the learned Tribunal has relied on the decision of theassessee’s own case passed by the Commissioner of Income Tax (Appeals)and affirmed by the learned Tribunal, Visakhapatnam Bench inITA.No.493/Vizag/2010, by order dated 23.06.2011. No statement has been made by the learned counsel that an appealhas been preferred against the aforesaid judgment of the learned Tribunal,Visakhapatnam Bench. Hence, the controversy between the parties on anidentical point has attained its finality. Under these circumstances, we do notfind any element of law in this appeal. Accordingly, the appeal is dismissed. _____________________ K.J. SENGUPTA, CJ ________________ Date: 17.09.2013ES K. C. BHANU, J