2018 (6) TMI 1875

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....es : Mr. Debasish Choudhury, Adv., Mr. Prithu Dudheria, Adv., Mr. J. P. Khaitan, Sr. Adv., Mr. Ananda Sen, Adv. ORDER The Court : The Revenue is in appeal against an order of the Income Tax Appellate Tribunal passed on May 13, 2015 by which a particular modality of claiming depreciation has been endorsed by the Tribunal. 2. The assessee took over the assets and liabilities of two other co....

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....rded the previous order of this Court to have approved the manner in which the matter was dealt with earlier by the Tribunal. This Court had relied on a judgment reported at 243 ITR 83 (Malabar Industrial Company Limited) for the proposition that when a sustainable view had been taken by a lower forum, the appellate forum should not ordinarily interfere with the same. 4. In any event, it is the....