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Super Cassettes Industries Ltd., New ... vs Department Of Income Tax on 11 July, 2011

9. We have heard the rival submissions and perused the material available on record. On a careful consideration of the same we are of the view that the impugned order deserves to be upheld. Being satisfied by the reasoning and the finding arrived at therein on each of the issue in the facts as they stand which have been discussed at length in the earlier part of this order on each of the issues we find ourselves unable to come to any contrary finding. The judgement of Apex Court in the case of Reliance Petro Products relied upon by the CIT(A) and the past history of the assessee qua the issues addressed on the first two reasons prevailing with the A.O. wherein the order of the Coordinate Bench have been relied upon by the CIT(A) on facts cannot be faulted with. We further find support from the judgement of the Jursidictional High Court in the case of CIT vs. Mahanagar Telephone Nigam Ltd. On the third issue also the view entertained on facts had judicial support and the impugned order has correctly on facts relied upon the judgement of the Apex Court in the case of Reliance Petro Products.
Income Tax Appellate Tribunal - Delhi Cites 6 - Cited by 0 - Full Document

Neel Metal Products Ltd., New Delhi vs Assessee on 26 November, 2010

"4.2 I have considered the submissions made by the authorized representative of the appellant company. During the course of assessment as well as appellate proceedings, the learned AR of the appellant produced a list of electrical installations which, according to the AR, were used as accessories or for running particular machinery. It has been discussed in para 5.6 of the assessment order and also observed by me that this list mostly includes cables, electrical control panels, cost of electrical installations work, etc. Only 3 items given in this list can be taken to be part of machinery while the rest have been rightly categorized as electrical fittings by the assessing officer in view of Note-5 to Appendix 1 of the Income-tax Rules, 1962. During the course of appellate proceedings, the learned AR of the appellant 8 ITA Nos.1368 & 3960/Del/2011 company relied upon various case laws to support the claim of depreciation @ 15% on these items, classified as 'plant & machinery' by the appellant but as electric fittings by the assessing officer. These case laws differ from the facts of the appellant's case. For example, in the case of CIT vs. Mahanagar Telephone Ltd., it was held by the Hon'ble Court that since the business of the assessee was to provide communication network in cities, underground cables used by it constituted 'plant & machinery' of the assessee.
Income Tax Appellate Tribunal - Delhi Cites 12 - Cited by 0 - Full Document

National Cooperative Development ... vs Department Of Income Tax on 17 May, 2010

He also relied upon the decision of Hon'ble Delhi High Court in the case of CIT Vs. Mahanagar Telephone Limited rendered in ITA No. 626 /2011. He placed on record copy of the judgment of the Hon'ble Court. Ld. Counsel for the assessee further submitted that in 1999-2000 penalty has been deleted. Ld. CIT(A) has put his reliance on that order. The COD i.e. Committee on Dispute, denied permission to the revenue for agitating the matter in further appeal before the Tribunal. Thus, the order in asstt. year 1999-2000 passed by the Ld. CIT(A) become final. He placed on record copy of the minutes of meeting held on 23.12.2010 and pointed out that permission to challenge the order of the Ld. CIT(A) for deleting penalty in asstt. year 1999-2000 has been denied. The issue is 7 ITA No. 3606/Del/10 Asstt. Year 2000-01 available at Sl. No. 19-20 of the minutes of the meeting. He preyed that appeal of the revenue be dismissed.
Income Tax Appellate Tribunal - Delhi Cites 8 - Cited by 0 - Full Document
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