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2021 (3) TMI 1019 - HC - Income TaxValidity and scope of remand order of ITAT - Assessment of trust - depreciation claim of trust - whether the assets in question were used by the assessee or not? - Tribunal held that order of the Commissioner of Income Tax (Appeals) is correct and if no income is earned from the use of the assets during the relevant year for the regular business activity, then depreciation is allowable - HELD THAT:- Tribunal agreed with the contentions urged on behalf of the assessee that if no income is earned from the use of assets during the relevant year for regular business activity of the assessee, then claiming of depreciation is justified. Therefore, the order of the Commissioner of Income Tax to that extent is upheld by the Tribunal also. Tribunal in impugned order remitted the matter back to the Commissioner of Income Tax (Appeals) to inquire into the question of whether the assets were put to use in the relevant year before adding the block of assets, or not is a relevant factor to be established by the assessee and thereafter the Commissioner of Income Tax (Appeals) is required to pass a speaking order. There is sufficient force in the arguments of the Revenue in regard to such a finding recorded especially in view of the order passed in I.C.D.S. Ltd..[2013 (1) TMI 344 - SUPREME COURT] . At this stage, the learned counsel for the assessee contended that the Tribunal did not specify the years for which the inquiry should be carried out and the Revenue may take advantage of such an observation and inquire into all years. In our opinion, such an apprehension is uncalled for in view of the fact that the dispute is only with regard to the assessment years 2011-12 and 2012-13. However, we make it clear that the inquiry as ordered by the Tribunal shall be restricted for the years 2011-12 and 2012-13. Substantial questions of law raised in the appeal are answered against the assessee and in favour of the Revenue
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