TMI Blog2015 (7) TMI 1058X X X X Extracts X X X X X X X X Extracts X X X X ..... -09. - MA No. 39/PN/2014 ITA No. 1495/PN/2011 - - - Dated:- 22-7-2015 - SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM For the Appellant: Shri M.P. Machave For the Respondent: Ms. Nishtha Tiwari ORDER PER VIKAS AWASTHY, JM: The Miscellaneous Application has been filed by the assessee for recalling the order of Tribunal in ITA No. 1495/PN/2011 for assessment year 2008-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decided on 31-12-2012 granted relief to the assessee. The issue regarding depreciation on windmill needs to be adjudicated again as the same has not been properly adjudicated. 3. Ms. Nishtha Tiwari appearing on behalf of the Department submitted that the Revenue has neither filed appeal against the order of Commissioner of Income Tax (Appeals), Kolhapur dated 17-09-2011 nor against the order of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the issue of depreciation has placed reliance on the order of Tribunal in assessee s own case for assessment year 2007- 08. The appeal of the assessee for assessment year 2007-08 i.e. ITA No. 814/PN/2011 as well as appeal of the Revenue for assessment year 2007-08 in ITA No. 890/PN/2011 both are sub-judice. 5. The appeal of the Revenue i.e. ITA No. 890/PN/2011 was dismissed by the Tribunal o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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