The Tax Publishers2020 TaxPub(DT) 5419 (Chen-Trib)

IN THE ITAT, CHENNAI BENCH

MAHAVIR SINGH, V.P. & G. MANJUNATHA, A.M.

Ordain Health Care Global (P) Ltd. v. DCIT

ITA No. 211/Chny/2018

2 December, 2020

In favour of Assessee.

Appellant by: R. Sandeep Bagmar, Advocate

Respondents by: R. Anitha, Joint Commissioner

ORDER

G. Manjunatha, A.M.

This appeal filed by the assessee is directed against the order of the Commissioner (Appeals)-3, Chennai, dated 29-9-2017 and pertains to the assessment year 2014-15.

2. The assessee has raised the following grounds in its appeal :--

1. General

The order passed by the Commissioner (Appeals) ('Commissioner (Appeals)') -3 under section 250(6) of the Income Tax Act, 1961 ('the Act), dated 29-9-2017 (received on 24-10-2017) is bad in law and facts, and hence ought to be quashed.

The Appellant submits that the below grounds are independent and without prejudice to one another.

2. Disallowance of depreciation relating to assets capitalized during the subject AY

2.1 The learned Commissioner (Appeals) erred on facts and in law by disallowing depreciation amounting to INR 5,756,005 (including additional depreciation) relating to assets capitalized during the subject assessment year. The Appellant had capitalized amounts of INR 16,445,731, which were payment made to directors as an incentive for providing consultation/professional services with regard to purchase and installation of fixed assets during the subject assessment year 2014-15.

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