2019 (3) TMI 364

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..... RDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mr. M. R. Bhatt, Senior Advocate, learned counsel for the appellant and Mr. B. S. Soparkar, learned advocate for the respondent. 2. Mr. M. R. Bhatt, learned counsel has invited the attention of the court to an order dated 19.2.2019 rendered in Tax Appeal No.60 of 2019, to point out that insofar as proposed questions "A", "C" and "D" ar .....

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..... that the above decisions are more in respect of the rate of power generation and that the controversy involved in the present case is not clearly discussed in either of the judgments. 5. On a perusal of the above referred decisions cited by the learned advocate for the respondent, the court finds substance in the submissions advanced by Mr. M. R. Bhatt, learned counsel for the appellant. 6. In .....

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..... ppellate Tribunal was justified in allowing carry forward of unabsorbed depreciation of Rs. 217,04,95,567/- of demerged entities, viz., M/s Nirma Limited? [D] Whether, on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was justified in holding that the Assessing Officer had not fulfilled pre-requirement of invoking provisions of Explanation (3) to sub-section ( .....

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