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Case laws for additional depreciation

Circulars 4191 views 6 replies

Hey all of you.

please help me in solving my problem

One of my client, during the course of hearing of scrutiny get addition for additional depreciation.

He is a textile businessman doing embroidery job work on sarees. the fact of the cases are as follows

1. The learned ITO made addition on the groud that embroidery work is just value addition to the saree. It can not means for manufacturing.

2. The learned ITO also made statement that embroidery work can not change name of the product and utility of the product. Before embroidery job work, saree remain saree only

So I want to appeal the same in CIT.

Kindly provide me recent case laws on additional depriciation.

 

Replies (6)

 Hi 

Check my contribution List for Direct Tax case Laws.In that you may find some case laws.

If it is not there i suggest you to search Taxmann,com for case laws.You can search subject wise to make your search easy

Dear Priyu,

I would suggest you to decide whether Embroidery work amounts to manufacture or not, shift ur focus to Indirect tax..i:e Excise -

I don't think ur client has got himself registerd under excise, u can check Central Excise Tariff Act whether embroidery work amounts to manufacture or not...

Further, Just want to add that the defination which Uday has rightly mentioned has its origin from a famous case under Excise only...

 

Hey Uday i know the ground of ITO is correct but still can you please help me in finding some lutfoults of the definition

uday kiran is correct......................

Hey friends!!!!!!!!!!!!

Good News...............

I find lut faults of the definition of additional depreciation

There is one another word in definition of eligible project for addtional depreciation is Production. I can make an appeal on that ground to CIT Appea.

Thanks to all of you for providing me some solution

Hi,

Can you just share with me the status of your case now.  i am also facing with a similar problem


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