1990 (7) TMI 13

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....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 Income-tax Officer for a fresh decision ....

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.... 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 Court has already directed reference to be mad....