2017 (12) TMI 1591

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.... HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. The appellant revenue in these appeals under section 260A of the Income Tax Act, 1961 (hereinafter referred to as "the Act") has challenged the order dated 23.01.2017 made by the Income Tax Appellate Tribunal, Ahmedabad "B" Bench, Ahmedabad (hereinafter referred to as "the Tribunal"), in ITA No.425/Ahd/2014 and ITA No.426/Ahd/2014, by proposing the follo....

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.... the issue as to whether the unabsorbed depreciation could be claimed beyond eight assessment years in view of the provisions of section 32(2) of the Act, as applicable to assessment year 1998-99. 4. Mr. M.R. Bhatt, Senior Advocate, learned Senior Counsel for the appellant has very fairly drawn the attention of this court to the decision of this court in the case of General Motors India P. Ltd.....

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....ation allowance worked out in assessment year 1997-98 only for eight subsequent assessment years even after the amendment of section 32(2) by the Finance Act, 2001, it would have incorporated a provision to that effect. However, it does not contain any such provision. Hence, keeping in view the purpose of the amendment of section 32(2) of the Act, a purposive and harmonious interpretation has to b....