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2019 (8) TMI 241 - HC - Income TaxNon-filing of a return under sections 139(1) or 139(2) - weather unabsorbed depreciation cannot be claimed in a proceeding u/s 148 - HELD THAT:- Non-filing of a return under sections 139(1) or 139(2) of the said Act was not involved. Neither is there any ratio in favour of the assessee in HARYANA HOTELS LTD. [2005 (2) TMI 63 - PUNJAB AND HARYANA HIGH COURT] . This passage from the judgment can in no way be taken to be a statement of a legal proposition that on failure to file a return under section 139(1) and 139(2) of the said Act, the claim of unabsorbed depreciation can be entertained in a section 148 proceeding. More importantly, we are bound by the said Division Bench judgment of our Court. We strongly resent the wastage of precious time of this Court by Mr. Bhaumik by trying to whip up a dead horse. All the questions referred to in this reference application are answered in favour of the revenue and against the assessee.
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