Commissioner Of Income-Tax vs Rasoi Limited on 19 May, 2011
"3. After hearing both the parties, we find that the issue raised in the appeal is
covered by the order dt. 02-04-2014, copy of the same is on record, in assessee's
own case in ITA No. 1398/Kol/2011 for the A.Y 2007-08, wherein the Tribunal
following the decision of the Hon'ble Supreme Court in the case of P.J. Chemicals
Ltd upheld the order of the CIT-A in allowing the claim on depreciation on
capital subsidy. The ld. AR submits that the said order was challenged by the
appellant revenue before the Hon'ble High Court of Calcutta, wherein the
Hon'ble High Court of Calcutta was pleased to dismiss the question of law
framed by the revenue in challenging the finding dt. 02-04-2014 of the Tribunal,
thereby the order dt. 02-04-2014 supra is binding on the appellant Revenue. We
further find that the Coordinate Bench of this Tribunal in assessee's case in ITA
Nos. 1989 & 1010/Kol/2013 for the A.Ys 2008-09 & 2009-10 vide its order dt. 14-
08-2015 followed the decision of the Hon'ble High Court of Calcutta and
dismissed the appeal of revenue. We also find that the CIT-A followed the
decision of the Hon'ble High Court of Calcutta in the case of CIT Vs. Rasoi
Limited in GA No. 2684 of 2014/ITAT No. 138 of 2014 dt. 05-09-2014 for the year
under consideration and deleted the addition made by the AO in this year also,
copy of the same is on record. For the sake of convenience the relevant portion of
order dt. 02-04-2014 is reproduced herein below:-