1983 (8) TMI 40

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....to this court for its opinion by the Income-tax Appellate Tribunal: " Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessee is entitled to depreciation in respect of the assets for which deduction under section 35(2) was allowed in the earlier assessment years ? In this case, the Tribunal has taken the view that the assessee is ....

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....llowed under s. 32 for the same or other previous years in respect of that asset. In view of this amendment, the reasoning of the Tribunal that there is no bar on the assessee claiming relief under s. 32 in respect of an asset for which deduction has been allowed in any previous year cannot hold good and since the amendment has been brought into force from April 1, 1962, the same is applicable to ....