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2017 (6) TMI 1383 - ITAT MUMBAIProcedure when assessee claims identical question of law is pending before High Court or Supreme Court u/s 158A - Tribunal disallowing depreciation on the block of assets still in existence disregarding the provisions of section 32 of the Act - Whether Tribunal is justified recasting the audited book results for the purpose of computation of book profit under section 115JB?” HELD THAT:- As per section 158A of the Act, assessee has filed the appeal for assessment years 2006-07 and 2007-08 before the Hon’ble Bombay High Court. Assessee has given undertaking in form No.8, rule 16. Therefore, all these matters are restored to the file of AO and the AO is directed to decide the appeals as per the outcome of the Hon’ble Bombay High Court. In the result, all the appeals are restored to the file of the AO and AO is directed to decide the matters as per the decision stated above.
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