The Commissioner Of Income Tax, Jamshedpur v. M/S Apex Auto Ltd

IN THE HIGH COURT OF JHARKHAND AT RANCHIT.A. No. 7 of 2013 --- The Commissioner of Income Tax, Jamshedpur--- ---Appellant Versus M/s Apex Auto Ltd -- -- -- Respondent --- Coram: Hon'ble the Chief Justice Hon'ble Mr. Justice Aparesh Kumar Singh --- For the Appellant: Mr. Deepak Roshan, Advocates For the Respondent: M/s. Binod Poddar, Sr. Advocate, D. Poddar, Advocate --- Order No. 07Dated 28th November 2013 --- Heard learned counsel for the appellant as well as learned senior counsel for the respondent. This appeal is admitted for hearing on the following substantial question of law. (i) Whether on the facts and in the circumstances of the case the learned ITAT was justified in deleting the addition of Rs. 97,97,353/-? (ii)Whether on the facts and in the circumstances of the case the learned ITAT was justified in holding that the provision of Sec. 145A will prevail notwithstanding with the fact that the valuation of purchases, sales or inventory shall include the amount of any tax, duty, cess or fee actually incurred on them as required u/s 145A of the Act, 1961? (iii)Whether on the facts and in the circumstances of the case the learned ITAT was justified in deleting the addition of Rs. 1,34,215/- and allowing depreciation on land as a depreciable asset since in earlier years AO has not disallowed it? (iv)Whether on the facts and in the circumstances of the case the learned ITAT has erred in not following the decision of Learned ITAT, Delhi Bench in the case of Nestle India Ltd. vs. DCIT reported in 111 TTJ 498? (v)Whether on the facts and in the circumstances of the case the learned ITAT erred in holding UPS as part of Computer entitled for higher depreciation? Let the case be posted along with T.A. No. 15/2013 which has already been admitted for hearing. (R. Banumathi, C.J.) (Aparesh Kumar Singh, J)