Case Details

Citation(s)
1998 SLG 339 1998 SLD 339 1998 PTD 2601 (1998) 230 ITR 415
Supreme Court of India
Civil Appeal No.7606 of 1997 arising out of SLP Civil No. 12397 of 1997, decision dated: 7-11-1997
S. P. BHARUCHA AND V. N. KHARE, JJ
J. Ramamurthi, Senior Advocate (S. Rajappa, B.K. Prasad and Ms. Renu George, Advocates with him) for Petitioner Nemo for the Assessee Sardar Muhammad Latif Khan Khosa, Advocate instructed by S. Abul Aasim Jaferi, Advocate-on-Record. Nemo for the State.

COMMISSIONER OF IncomE tax

VS

ATUL PRODUCTS LTD MUHAMMAD IQBAL vs THE STATE

Law: Income Tax Act, 1961

Section: 256,32

Income-tax----Reference---Depreciation---Depreciation whether allowable on guest house buildings and other assets---Question of law---Indian Income Tax Act, 1961, Ss.32 & 256). Held, that the question whether the Appellate Tribunal was right in law and on facts in directing the Assessing Officer to allow depreciation on guest house building and other assets, was a question of law which had to be referred to the High Court. JUDGMENT The notice on the special leave petition stated that it was limited to question No.4 and that the matter might be disposed of at the special leave petition stage by remanding to the High Court the consideration of that question. The respondent has been served but has not chosen to put in an appearance. Question No. 4 reads thus: "Whether, the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to allow depreciation on guest house building and other assets?" The appellant wanted the High Court to direct the Tribunal to refer…
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