2010 (10) TMI 756

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....R Adarsh Kumar Goel, J. - This order will dispose of ITA Nos. 37 and 38 of 2002, as common questions have been raised in both the appeals. 2. On 24-9-2010, following order was passed :-  "1.  ITA No. 37 of 2002 has been preferred by the revenue under section 260A of the Income-tax Act, 1961 (in short "the Act") against the order of the Income-tax Appellate Tribunal, Chandigar....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....mate the income in the circumstances of the case? (iii)  Whether in the facts and circumstances of the case, the ITAT was right in allowing depreciation and excise duty for the assessment year 1994-95 when no such deduction was admissible in view of the provisions of section 158BB(i) as no such deduction was claimed in the original return of income filed under section 139?"   ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he assessment based on material found during search could be set aside on the ground that section 145(2) was not applicable?    4.  We allow question (i) to be modified accordingly.    5.  Learned counsel for the assessee states that he is not ready to proceed further on the amended question.    6.  List again on 14-10-2010." 3. Learned coun....