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2021 (2) TMI 756 - HC - Income TaxBlock assessment - whether block assessment years 1986-87 to 1996-97 is barred by limitation? - excess depreciation is to be brought to tax in the block assessment made under chapter XIV-B - HELD THAT:- Matter was remitted to tribunal for fresh consideration. The finding of the tribunal that the issue with regard to limitation cannot be adjudicated as the same would be beyond the purview of the order of remand cannot but be said to be perverse. The order passed by the tribunal was set aside in its entirety by this court. Therefore, it was open for the assessee to raise the plea of limitation. Therefore, the first substantial question of law is answered accordingly. Since, the tribunal has not adjudicated the issue with regard to limitation, the impugned order dated 17.10.2014 passed by the tribunal insofar as it pertains to finding with regard to the issue of limitation is hereby quashed and the tribunal is directed to decide the issue of limitation with regard to the order of assessment passed by the Assessing Officer for the block assessment years 1986-86 to 1996-97.
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