1990 (7) TMI 13

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.... been passed, an appeal was filed to the Commissioner of Income-tax (Appeals) by the assessee and thereafter before the Income-tax Tribunal. Before the Income-tax Appellate Tribunal, the assessee, for the first time, sought to claim depreciation at 15% instead of 10% as claimed by him earlier. The Income-tax Appellate Tribunal entertained the said additional ground and remanded the case to the Inc....

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....tems. Both the Income-tax Officer as well as the assessee filed appeals to the Tribunal which, vide its order dated November 25, 1986, had allowed depreciation at 15% thereby allowing the assessee's appeal and dismissing the Revenue's appeal. The application under section 256(1) having been dismissed, the present application under section 256(2) has been filed. In view of the fact that this Cou....