Kebra Extrusion Technik Ltd v. Addl. Commissioner Of Income Tax-Viii

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. INCOME TAX APPEAL NO.45 OF 2009 Kebra Extrusion Technik Ltd.... Appellant. Vs. Addl. Commissioner of Income Tax-VIII. ...Respondent. ..... Mr.Atul K.Jasani for the Appellant.Mr. J.S.Saluja for the Respondent. ..... CORAM : DR. D.Y.CHANDRACHUD &J.P. DEVADHAR, JJ. 18[th] January, 2010. P.C.: The appeal was admitted on the following substantial question of law : “Whether the Tribunal ought to have held that written down value for the purpose of depreciation has to be based on depreciation actually allowed to the Appellant in the earlier years and not on the basis of depreciation which was allowable but not claimed and hence not allowed int he earlier years?” Before the Tribunal, the Revenue has relied upon the judgment of the Tribunal in Vahid Papers Converters vs. ITO, (2006) 98 ITD 165. The Tribunal has followed the judgment of this Court at the Goa Bench in Scoop Industries P.Ltd. vs. ITO, 289 ITR 195. The Tribunal has not considered the merits of the case. Counsel appearing on behalf of the Assessee had submitted that it would be appropriate for this Court to remand the case to the Tribunal for a decision on merits. This is not opposed by Counsel appearing on behalf of the Revenue. In the circumstances, the judgment of the Tribunal dated 19[th] August 2008 is set aside to that extent and the proceedings are remanded back to the Tribunal for a fresh decision on merits. In that view of the matter, it is not necessary for this Court to express a view one way or the other, on the merits of the rival contentions. The appeal is disposed of in these terms. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)