2010 (3) TMI 883

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.... ORDER 1. The learned Senior Advocate Shri C.S. Aggarwal appeared for the appellant and raised following preliminary objections to hearing of this appeal by the Special Bench :- 1.The question as framed does not raise the actual controversy in appeal, therefore, requires modification. 2.In subsequent year, i.e., assessment year 2003-04 similar issue, i.e., allowability of depreciation-on....

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....In this eventuality the judicial discipline requires that this Special Bench should consist of persons who have not already taken a view. The learned DR in reply contends as under :- (i)There is no objection to modify the question. (ii)The facts in the case of CLC Global (P.) Ltd. are different and distinct. Therefore, the hearing of present appeal by Special Bench may not be kept in abey....

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....penditure incurred is an allowable-deduction under section 37(1) of the Income-tax Act?" The question proposed by the ld. DR is as under :- "Whether on the facts and in the circumstances of the case, the assessee is entitled to claim depreciation under section 32 of the Income-tax Act on the intangible assets termed 'Goodwill' acquired by the assessee for Rs. 10 crore." Or "Whether on ....

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....l Bench on the issue before it can call for analysis of earlier ITAT findings and may cause prejudice to the interest of either party. In our view the interest of justice would be better served if the matter is considered after the decision of the High Court is available. The matter should therefore, be kept in abeyance. 3.Shri R.P. Tolani, J.M. has expressed his opinion that having already tak....