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2020 (9) TMI 541 - HC - Income TaxEligibility of carry forward the unabsorbed additional depreciation as per the provisions of Section 32(1)(iia) - as assets was acquired in the 2nd half of the financial year 2007-08 and there being no provisions under the Act permitting the balance to be carry forwarded to be allowed in the succeeding year? - HELD THAT:- The effect of the insertion of the proviso in the year 2016, may not have a bearing on the present issue, as during the relevant assessment year 2009-2010, the law which has been settled by the Division Bench of this Court is the case of Brakes India [2017 (4) TMI 511 - MADRAS HIGH COURT], against the said decision, the revenue preferred an appeal before the Hon'ble Supreme Court which was dismissed by an order. Thus, the decision of the Division Bench in the case of Brakes India having been approved by the Hon'ble Supreme Court, we are bound by the said decision and accordingly, following the same. For the above reasons, the appeal filed by the Revenue is dismissed and the substantial question of law is answered against the Revenue.
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