The Pr.commissioner Of Income Tax-7 v. Rathi Super Steel Ltd

$~76 IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 189/2019 & CM APPL. 9513/2019 THE PR.COMMISSIONER OF INCOME TAX-7 ..... Appellant Through: Mr.Ruchir Bhatia, Sr.Std.Counsel Through: Mr.Ruchir Bhatia, Sr.Std.Counsel versus RATHI SUPER STEEL LTD. ..... Respondent Through: Ms.Umang Luthra & Mr.Kislaya Parashar, Advocates CORAM:HON’BLE MR. JUSTICE S. RAVINDRA BHATHON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 27.02.2019 1.The Revenue is aggrieved by the decision of the Income Tax Appellate Tribunal [hereafter referred to as “ITAT”]. It contends that the depreciation of rolls and ingots moulds was incorrectly claimed by the assessee. The AO in this case had disallowed it on the ground that these capital goods were not commissioned. The ITAT after analysis of the facts, was of the opinion that the nature of the goods was such that no separate commissioning was required and also held that since the AO did not doubt the genuineness of the expenditure, the depreciation was correctly claimed by the assessee. 2.This Court is of the opinion that no substantial question of law arises. 3.The appeal is, therefore, dismissed. 3.The appeal is, therefore, dismissed. S. RAVINDRA BHAT, J FEBRUARY 27, 2019 ‘hkaur’ PRATEEK JALAN, J