2017 (6) TMI 1383

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....ssees have been preferred against different orders of the Commissioner of Income Tax (Appeals) [hereinafter referred to as the CIT(A)]. Since the facts and issues involved in all these appeals are identical in nature, hence the same are heard together and are being disposal by this common order. 2. The short facts in all these appeals are as under: For the assessment year 2006-07, the AO and Ld. CIT(A) held that plant & machinery and building on which the depreciation was claimed have been demolished and dismantled and not in existence. Accordingly, the depreciation under income as well as MVAT was disallowed. The Tribunal has confirmed the order of the Revenue Authority on the ground that assets were not on the balance sheet. Therefo....

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....ore this matter back to the file of AO and decide the matter as per the decision of Hon'ble Bombay High Court in respect of assessment year 2010- 11, 2011-12 and 2012-13. 5. Having heard both the parties, we are of the view that substantial law has been framed by Hon'ble Bombay High Court. Therefore section 158A is applied in this case. Section 158A is reproduced as under: "158A. Procedure when assessee claims identical question of law is pending before High Court or Supreme Court (1) Notwithstanding anything contained in this Act, where an assessee claims that any question of law arising in his case for an assessment year which is pending before the 3 Assessing] Officer or any appellate authority (such case being herea....

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....rder in writing,- (i) admit the claim of the assessee if he or it is satisfied that the question of law arising in the relevant case is identical with the question of law in the other case; or (ii) reject the claim if he or it is not so satisfied. (4) Where a claim is admitted under sub- section (3),- (a) the 1 Assessing] Officer or, as the case may be, the appellate authority may make an order disposing of the relevant case without awaiting the final decision on the question of law in the other case; and (b) the assessee shall not be entitled to raise, in relation to the relevant case, such question of law in appeal before any appellate authority or for a reference before the High Court under se....