2008 (4) TMI 22

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.... Department against the judgment and Order dated 17^th October, 2005 passed by the Gujarat High Court in Tax Appeals Nos.240/2003 and 261/2003.  We are  concerned  with the  block period 1-4-1988  to 24-2-1999.  The main contention advanced on behalf of the Department is that for allowance of deduction for depreciation, the asset must not only be owned by the asses....

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....had arisen.  In the present case, the Tribunal has examined the statements of certain witnesses and after analysing the material on record, it has come to the conclusion on facts that there is nothing to show that the machinery, namely, expellers remained idle for the entire block period 1-4-1988 to 24-2-1999.  Having examined the record ourselves, we agree with the view expressed by ....