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2018 (9) TMI 1180 - HC - Income TaxDis-allowance of depreciation claim on intangible assets - alternative remedy - Held that:- No doubt that the petitioner has filed an appeal before the First Appellate Authority and challenged the order of assessment in respect of the such dis-allowance. It is also true that the First Appellate Authority has allowed the appeal in part and directed the Assessing Officer to appraise the evidences and verify two confirmations from the said two companies and thereafter, to allow the depreciation software as claimed, provided, the Assessing Officer is satisfied with the verification of the confirmations. Therefore, it is not as though the First Appellate Authority had given a positive direction to the Assessing Officer to accept the case of the petitioner insofar as with regard to the issue of depreciation on intangible assets as such. On the other hand, the order of remand clearly indicates that allowing of the depreciation software as claimed by the petitioner, is subject to the satisfactory verification of the confirmations by the Assessing Officer.Therefore, this Court is not inclined to interfere with the order impugned in this writ petition only on the reason that the petitioner is to avail an alternative remedy of appeal before the Appellate Authority.
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