Bosch Ltd. v. CIT LTU (2022) 197 ITD 160 / 98 ITR 1 (SN) (Bang.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Investment in new plant or machinery-Assets acquired by it before 1-4-2013 but installed after financial year 2013-14-Deduction was allowed after application of mind-Revision is not valid. [S. 32AC]

Assessee company, engaged in business of manufacture and sale of automotive components, claimed deduction under section 32AC in respect of investment made by it in new plant and machinery-Assessing Officer allowed same. Commissioner passed the revision order   on the ground that deduction under  section 32AC was not allowable on plant & machinery (assets) purchased prior to 1-4-2013 as provisions of section 32AC requires that new asset should not only be installed during or after financial year 2013-14 but same should also be acquired during or after financial year 2013-14. Tribunal held that since Assessing Officer had taken one of possible views in allowing deduction under section 32AC based on application of mind and Commissioner had not brought any material on record to show that such view taken was contrary to law, Commissioner was not justified in setting aside the order.   (AY. 2013-14)