TMI Blog2015 (9) TMI 1479X X X X Extracts X X X X X X X X Extracts X X X X ..... decided against the assessee and in favour of the Department. Depreciation on tube well at a higher rate of 25%? - Tribunal holding that claim of depreciation on assets in respect of Radico Textile Unit which had not yet commenced during the year under consideration? - Held that:- Issues which were allowed in favour of the assessee for the year 1993-94, in which order of the Tribunal was accepted by the Department as the same was not challenged in a higher forum. Since no distinguishing features have been pointed out and the principle of consistency is required to be maintained inter se between the parties, we are of the opinion that the Department cannot be permitted to question these issues when it was accepted by them in the previous ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid, the issue is decided against the Department and in favour of the assessee. - INCOME TAX APPEAL No. - 77 of 2014 - - - Dated:- 24-9-2015 - Hon'ble Tarun Agarwala,J. and Hon'ble Surya Prakash Kesarwani, JJ. For the Appellant :- SC,A.N.Mahajan,R.K. Upadhyaya For the Respondent :- R.S.Agrawal JUDGEMENT We have heard, Sri Manu Ghildyal, learned counsel for the appellants and Sri Rupesh Jain along with Sri R.S. Agrawal, learned counsel for the assessee. The appeal was admitted on the following substantial questions of law: 1. Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that claim of depreciation on assets in respect of Radico Textile Unit which had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the Assessment Year 1993-94 reported in 360 ITR 462. Consequently, the issue is decided against the assessee and in favour of the Department. Issue nos.1 and 3 are the same issues which were allowed in favour of the assessee for the year 1993-94, in which order of the Tribunal was accepted by the Department as the same was not challenged in a higher forum. Since no distinguishing features have been pointed out and the principle of consistency is required to be maintained inter se between the parties, we are of the opinion that the Department cannot be permitted to question these issues when it was accepted by them in the previous years. Our view is supported by decisions of the Supreme Court in Radhasoami Satsang Vs. Commissioner of In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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