TMI Blog2019 (8) TMI 463X X X X Extracts X X X X X X X X Extracts X X X X ..... 012 (8) TMI 714 - GUJARAT HIGH COURT] , held that any unabsorbed depreciation available to an assessee on 1st day of April 2002 (A.Y. 2002-03) will be dealt with in accordance with the provisions of section 32(2) as amended by Finance Act, 2001 and were available for carry forward and set off against the profits and gains of subsequent years, without any limit whatsoever. The decision in Genera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Surat Bench, Surat, dated 25.05.2018 in the ITA No.3015/Ahd/2015 for the Assessment Year 2007-08. 2. The Revenue has proposed the following substantial question of law for the consideration of this Court : ( a) Whether in the facts and circumstances o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without appreciating that the Hon ble Supreme Court vide record of proceedings dated 11.03.2013 in SLP Civil CC No.5424/2013, in the case of Pr. C.I.T. vs. General Motors India Pvt. Ltd. has kept the question of law on this issue and hence the issue involved has not attained finality ? 3. The questions of law as proposed by the Revenue are no longer res integra in view of the de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the maximum period of eight years from the year in which it was first computed. According to the Assessing Officer, eight years expired in the assessment year 2005-06 and only till then, the assessee was eligible to claim unabsorbed depreciation of the assessment year 1997-98 for being carried forward and set off against the income for the assessment year 2005-06. But the assessee was not entitle ..... X X X X Extracts X X X X X X X X Extracts X X X X
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