2015 (9) TMI 1460

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.... For the Respondent : -- JUDGMENT V. Ramasubramanian, J. 1. These appeals are filed by the Revenue under section 260A of the Income-tax Act, 1961 raising the following substantial questions of law : "(i) Whether the Appellate Tribunal was correct in following the earlier order of the Tribunal in the assessee's own case without verifying the nature of issue therein ? ....

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....o admit the appeal and order notice, in view of the fact that in any case, the third question of law has to be answered against the appellant-Revenue, which would eventually lead to the dismissal of the appeal. Therefore, without ordering notice of admission, we have taken up the appeal. 3. In so far as the question Nos. 1 and 2 are concerned, the same relates to a finding recorded by the Tribu....

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.... (Mad) following the decision of this court in Velayudhaswamy Spinning Mills P. Ltd. v. Asst. CIT [2012] 340 ITR 477 (Mad) that the Tribunal was right in holding that the assessee is entitled to deduction under section 80-IA without setting off the losses/unabsorbed depreciation pertaining to the windmill. The decision in Velayudhaswamy Spinning Mills followed the decision of the Supreme Court in ....