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2016 (9) TMI 1277

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....akhar, Jasmin Amalsadwala ORDER Income Tax Appeal No.282 of 2014 is not on board. Upon mentioning taken on board for consideration alongwith Interest Tax appeal No.3 of 2014 for admission. Both these appeals are filed under Section 260A of the Income Tax Act (Act) and are being heard together as they arise on the same facts for Assessment Year 1998-99. 2. Re : Income Tax Appeal No.282 of ....

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....he issue of depreciation claimed in respect of assets involved in sale & lease back transactions entered during the year, to the file of the AO by relying on the decision of the Delhi High Court in the case of Cosmo Films Ltd. (2011) 338 ITR 266 (Delhi), without appreciating that the finding of this case is clearly distinguishable from that of Cosmos Films Ltd. where a sum was retained by the less....

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....ey do not raise any substantial question of law. (d) Accordingly, the two questions raised herein for the reasons indicated in our order dated 8 April 2016 in Income Tax Appeal No.498 of 2014 do not give rise to any substantial question of law. Thus not entertained. (e) Hence, appeal is dismissed. No order as to costs. 3. Re : Interest Tax Appeal No.3 of 2014. (a) Thi....

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....) Learned Counsel for the Revenue very fairly states that issue arising herein stand concluded against the Appellant-revenue by the order of this Court dated 8 August 2016 passed in Interest Tax Appeal No.4 of 2014. This was an appeal filed by the Revenue from the common impugned order dated 26 June 2013 to the extent it related to the Assessment Year 1997-98. (d) The impugned order of th....