2018 (2) TMI 1960

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....N. Bhattad and Shri A.J. Bhoot, Advocates ORAL JUDGMENT (PER R.K. DESHPANDE, J.) : 1. This appeal preferred by the assessee was admitted on the following substantial questions of law : (1) Whether Income Tax Appellate Tribunal was legally justified in confirming disallowance made by Assessing Officer in respect of claim of appellant of depreciation amounting to Rs. 2,64,144/perta....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ncome Tax Appellate Tribunal was legally justified in confirming the disallowance made by A.O. at Rs. 86,39,470/being expenditure incurred by appellant at its office located at Kolkata. (5) Whether on the facts and circumstances of the case Income Tax Appellate Tribunal was legally justified in dismissing the claim of appellant in respect of unabsorbed depreciation u/s 32(1) of Income Tax....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ion of law at serial No.(6), which is decided against the assessee by the Apex Court in the case of Joint Commissioner of Income Tax v. Rolta India Ltd., reported in (2011) 330 ITR 0470 (SC). Therefore, these substantial questions of law no longer survive for consideration of this Court, and the appeal to that extent is required to be dismissed. 3. So far as the substantial questions of law at ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e light of that decision, this question is required to be considered, which can be done by the Assessing Officer, if the matter is remitted back to him for fresh consideration. 5. In the result, this appeal is partly allowed, and the following order is passed : ORDER (1) The substantial questions of law at serial Nos.(1), (5) and (6) are answered against the appellantassessee. ....