Itta/95/2012 Of The Commissioner Of Income Tax v. M/S Pitti Laminations Ltd

THE HONOURABLE SRI JUSTICE GODA RAGHURAMAND THE HONOURABLE SRI JUSTICE M.S.RAMACHANDRA RAO ITTA No. 95 of 2012 Dated: 27-08-2012 Between: The Commissioner of Income Tax,Hyderabad And M/s Pitti Laminations Ltd.,Hyderabad …Appellant …Respondent. Judgment:(Per Hon’ble Sri Justice Goda Raghuram) No substantial question of law arises for consideration in this appealpreferred by the Revenue under Section 260-A of the Income Tax Act, 1961. The Assessing Authority, by the order dated 31-12-2007 rejected the claim ofthe assessee for depreciation of plant and machinery on the ground that theadditions to fixed assets during the year are mainly meant for Plant-II whichhas not commenced commercial production during the Assessment Year inquestion. The CIT (Appeals) however, on appreciation of the material anddocuments on record in the Assessment proceedings, concluded that theadditions shown under different categories of assets as per the depreciationchart filed with the return reveal that these relate to the existing plant, officeand factory building of the appellant; have been used for business purposesduring the previous year; and the appellant is entitled to allowance ofdepreciation thereon. The Revenue’s appeal was rejected by the IncomeTax Appellate Tribunal, Hyderabad Bench by the order impugned. TheTribunal concurred with the findings of fact recorded by the Commissioner(Appeals) i.e., that assets on which depreciation is claimed have been put touse during the previous year and in respect of Plant-I. In the aforesaid circumstances, no question of law, let alone asubstantial question of law arises for consideration in this appeal. It istherefore dismissed at the stage of admission. No costs. 27[th] August, 2012 _________________________ GODA RAGHURAM, J GRR _______________________________ M.S.RAMACHANDRA RAO, J