The Commissioner Of Income-Tax v. M/S. Smegy Polymers Pvt. Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Income Tax Appeal NO. 908 of 2000 The Commissioner of Income-tax .... Appellant. vs. M/s. Smegy Polymers Pvt. Ltd. ... . ... Respondents Mr. E. S. Chopra for Appellant Mr. Ajay Singh i/b.K. Gopal for Respondents. CORAM:S. RADHAKRISHNAN ANDA. S. AGUIAR JJ. Date: 7/6/2005 ORAL JUDGMENT (Per S. Radhakrishnan J.) 1.Heard learned counsel for the Appellant and the Respondents. 2. By this appeal the appellant is seeking to raise the following question of law : Whether on the facts and circumstances of the case, the Tribunal was justified in law inallowing depreciation on plant and machinerywhich were not put to commercial use in the previous year? 3. We have perused the judgment and order of the Income TaxAppellate Tribunal dated 15.2.2000 wherein in para 5 it is clearlyindicated that there is ample material to indicate that the Petitionersare entitled to claim depreciation. We also do not find anysubstantial question of law involved in this appeal. Appeal isdismissed. S. RADHAKRISHNAN J. A. S. AGUIAR J.