Shalimar Packaging Pvt.ltd v. The Income Tax Officer, Ward 8(3)-I

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. INCOME TAX APPEAL NO.319 OF 2009 Shalimar Packaging Pvt.Ltd.... Appellant. Vs. The Income Tax Officer, Ward 8(3)-I. ....Respondent. ..... Mr.Samer G. Dalal for the Appellant.Mr.Suresh Kumar for the Respondent. ...... CORAM : DR. D.Y.CHANDRACHUD & 18[th] January, 2010. P.C.: The appeal was admitted on the following substantial question of law : “Whether on the facts and circumstances of the case and in law, the Tribunal erred in holding that the depreciation with respect to the Daman Unit of the Appellant was to be compulsorily allowed and thrust upon while calculating profits for that unit?” Counsel appearing on behalf of the Assessee states that the aforesaid questions are covered against the assessee by the judgment of the Full Bench in Plastiblends India Ltd. vs. ACIT, (2009) 318 ITR 352. In view thereof, the question of law shall stand answered against the assessee in terms of the judgment of the Full Bench in the case of Plastiblends India (supra). The appeal shall stand dismissed. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)