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The Commissioner of Income-tax, Ludhiana v. M/s Bhaskar Ceramics (P) Ltd., Malerkotl - ITR-149-1998  RD-P&H 9199 (26 October 2006)
I.T.R. No.149 of 1998
Date of decision: 28.10.2006
The Commissioner of Income-tax, Ludhiana.
M/s Bhaskar Ceramics (P) Ltd., Malerkotla.
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
HON'BLE MR JUSTICE RAJESH BINDAL
Present: Mr. S.K. Garg Narwana, Advocate for the revenue.
Following question of law has been referred for opinion of this Court by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh, arising out of its order passed in I.T.A. No.1720 & 1721/Chandi/92 in respect of assessment years 1989-90 and 1990-91:-
"Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the CIT(A) allowing depreciation as per Income-Tax Rules to the assessee for computing the quantum of Income u/s 115 J primarily on the ground that the same was based on the views expressed by the then Chairman of the CBDT in a departmental publication?"
In view of our judgment rendered today in I.T.R. No.100 of 1999 The Commissioner of Income Tax, Ludhiana v. M/s Sona Woollen Mills (P) Limited, Ludhiana, the question referred is answered against the revenue and in favour of the assessee.
( ADARSH KUMAR GOEL )
October 28, 2006 ( RAJESH BINDAL )
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