2008 (9) TMI 949

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....hereinafter referred to as 'the Act') by the revenue against the order dated 31-3-2006 passed by the Income-tax Appellate Tribunal, Delhi Bench 'H'. New Delhi passed in ITA No. 3663/Delhi/2005 for the assessment year 2000-01, proposing following substantial questions of law:- "(i) Whether on the facts and circumstances of the case, the Hon'ble ITAT can ignore the compliance to statutory provisio....

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....counsel for the revenue has very fairly stated that question No. 3 stands covered against the revenue and we hold as such accordingly. 3. As regards the other issues it may be noticed that the assessee claimed depreciation on Written Down Value which was disallowed by the Assessing Officer on the ground that the assessee had not opted for the same as per proviso to sub-rule (1A) of rule 5 of the ....

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.... proviso only says that option is to be exercised before the due date for furnishing the return of income under section 139(1) for the assessment year 1998-99 in respect of power generating undertaking then existing and for the assessment year in which a new undertaking begins to generate power. The case of the assessee is that it began to generate power during the previous year relevant to assess....