TMI Blog2016 (4) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... COURT) wherein held that merely, because the road is laid out does not mean that the Assessee is the owner thereof. He has laid it out for the purpose of the union and for its ultimate vesting in the public we answer substantial questions of law in the negative, i.e., in favour of the appellant-Revenue and against the respondent-assessee. - Income Tax Appeal No. 2357 of 2013 - - - Dated:- 5-4-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a week's adjournment and informed him that the matter would be kept today and he should be ready to proceed with the appeal. Today when the matter was called out, Mr. Dalal again seeks time. We see no reason to grant further time. We, therefore, take up the appeal for consideration. 2. This appeal under section 260A of the Income-tax Act, 1961 (the Act) challenges the order dated February 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cording to us the decision in North Karnataka Expressway Ltd. (supra) concludes the issue, we proceed to hear the appeal finally. Mr. Dalal, the learned counsel for the respondent sought to distinguish the decision of North Karnataka Expressway Ltd. (supra) by pointing out that in the present appeal, there is a clause which provides that for the purpose of claiming tax depreciation, the property r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e issue arising herein on merits as is evident from paragraph 24 onwards of North Karnataka Expressway Ltd. (supra). 5. In the above view, following the decision of this court in North Karnataka Expressway Ltd. (supra) we answer the two substantial questions of law in the negative, i.e., in favour of the appellant-Revenue and against the respondent-assessee. 6. The appeal is disposed of in a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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