TMI Blog1998 (9) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal to draw up a statement of case and refer the following question of law (assessment year 1988-89) for the opinion of the High Court : "On the facts and in the circumstances of the case, whether the Income-tax Appellate Tribunal was correct in law in holding that depreciation at 50 per cent. is allowable on trucks which have been given on lease by the assessee-company and not run on hire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal, we are satisfied that the question does arise as a question of law from the appellate order of the Tribunal and, therefore, the Tribunal was not justified in rejecting the application under section 256(1) filed by the petitioner. The application is allowed. The Tribunal shall draw up a statement of the case and refer the a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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