Director Income Tax (International Taxation v. M/S Dolphin Drilling Pte. Ltd

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALINCOME TAX APPEAL NO. 57 of 2010 Director Income Tax (International Taxation) …….Appellant. Versus M/s Dolphin Drilling Pte. Ltd. Mr. Hari Mohan Bhatia, Advocate for the appellant. Mr. P.R. Mullick, Advocate for the respondent. …....Respondent Coram: Hon’ble Barin Ghosh, C.J.Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (ORAL) Mr. P.R. Mullick, Advocate appears on behalf of the respondent. He submits that he has instructions not to seriously object the application for condonation of delay (CLMA No. 6944 of 2010). We have considered the averments made in the application for condonation of delay of 54 days in preferring the appeal and being satisfied with the reasons furnished therein, allow the application and thereby condone the delay in preferring the appeal. 2. In the present appeal, principal question is, whether depreciation should or should not be allowed from the date of availability of the plant and machinery, in the instant case Drilling ship, or the same should be allowed from the date of installation of the same. This aspect of the matter has already been dealt with by this court in Director of Income Tax Vs. M/s Dolphin Drilling Pte. Ltd. (ITA No. 29 of 2011, decided on 19[th] April, 2012). In such view of the matter, we also answer the question of law, thus, raised in the light of the decision of this court rendered in the aforementioned decision of this Court and therefore dismiss the appeal. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 26.04.2012 26.04.2012 Rathour