2009 (3) TMI 1047

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..... 999 following three questions were formulated by the High Court as substantial questions of law: 1. Whether the Tribunal has erred in holding that the principle laid down in Mcdowel's case will not apply? 2. Whether the Appellate Tribunal is right in law and on facts in not appreciating that the transaction between the assessee- RSEB and ITC Bhadrachalam were sham transactions? .....

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..... o depreciation as claimed. (3) It is not necessary to set out the detailed reasons recorded by the Tribunal as it is common ground between the parties that the issue now stands concluded by order dated 10.09.2008 rendered in Tax Appeal No.444 of 2008 in the case of The Commissioner of Income Tax-Ahmedabad-II Vs. Gujarat Gas Co. Ltd., wherein identical issue was involved and the Tribunal's o .....

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