2019 (2) TMI 724

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.... J. P. Khaitan, Sr. Adv., Ms. Anupa Banerjee, Mr. Agnibesh Sengupta, Mr. Tanmoy Chakraborty, Ms. Arti Bhattacharyya. ORDER I.P. MUKERJI, J.:- This matter has to be remanded to the tribunal. The basic substantial question of law framed by the Division Bench of our Court by its order dated 5th September, 2008 on which the appeal was to be heard was as follows: "(b) Whether on the f....

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....o be made after 31st March, 2002. That is to say the machines had to be acquired and installed on 1st April, 2002 and thereafter in the Previous Year 2002-2003 of which the relevant Assessment Year was 2003-2004. According to the Commissioner of Income Tax, Kolkata-III in the order dated 27th March, 2007 the additional depreciation of Rs. 5,61,23,019/- was wrongly allowed to the assessee. The m....

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....s were filed before the A.O. and after perusing the same the A.O. has allowed the claim of additional depreciation to the assessee..................However, such observation of the ld. CIT is without rebutting the evidences and documents placed on record by the assessee whereas the A.O. has allowed the claim of the assessee after perusing the relevant documents and evidences placed by the assessee....