2016 (4) TMI 1184

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....he Respondent : Sameer Dalal JUDGMENT 1. At the outset, Mr. Dalal, the learned counsel appearing for the respondent-assessee sought time. This appeal was first heard on March 15, 2016. At that time we were of the view that the issues raised herein stand concluded by the decision of this court in North Karnataka Expressway Ltd. v. CIT [2015] 372 ITR 145 (Bom) ; [2014] 272 CTR (Bom) 225 . Howe....

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....espect of the assessment year 2007-08. 3. Mr. Pinto, the learned counsel for the Revenue urges only the following two questions of law for our consideration : "(i) Whether on the facts and in the circumstances of the case and in law, the Tribunal was right in directing the Assessing Officer to grant depreciation on assets not owned by the respondent that goes against the provisions of ....

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....d and owned by the appellant. According to him such a clause was not present in the decision rendered by this court in North Karnataka Expressway Ltd. (supra). This is not so. Paragraph 8 of the order passed in North Karnataka Expressway Ltd. (supra) specifically records that the appellant relied upon a clause which is identical to that pressed into service by Mr. Dalal. Thus, the aforesaid clause....