2019 (3) TMI 1628

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..... l ORDER P. C. :- 1. This Appeal is filed by the Revenue challenging the Judgment of the Income Tax Appellate Tribunal. The Appeal is admitted for consideration of following substantial question of law : Whether on the facts and in the circumstances of the case and in law, the Hon'ble ITAT was justified in deleting addition on account of depreciation on toll road of Rs. 40,12,50,880 ? 2. .....

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..... uration, was not the business income of the Assessee company. Learned Counsel for the Revenue would contend that this issue is covered by the Judgment of Supreme Court in case of Commissioner of IncomeTax Vs. Karnal CoOperative Sugar Mills Ltd. [2000] 243 ITR 2 He further pointed out that the Tribunal, in the impugned Judgment, has referred to and relied upon the decision in case of this Assessee .....

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