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TMI Blog2019 (8) TMI 1063X X X X Extracts X X X X X X X X Extracts X X X X ..... Gopal Ram Sharma, Adv. ORDER The Court :- This appeal involves two assessment years 2002-2003 and 2003-2004. The tribunal disposed of the appeals in relation to both these assessment years by a common judgment and order dated 12th June, 2009. This appeal under Section 260A of the Income Tax Act, 1961 has been preferred by the revenue against that common order of the tribunal. In the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax, Kolkata-1) decided on 11th July, 2018 where this particular issue regarding depreciation for the said assessment year was remanded to the tribunal for reconsideration. Now, if the main issue has been remanded to the tribunal, it is required to decide it afresh. That part of its order is set aside. The question of penalty would only arise after its decision. The order setting aside t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ][c] of the Income Tax Act, 1961 correctly? 2. Whether on the facts and in the circumstances of the case, the tribunal has applied the ratio of the judgment of the Supreme Court in Union of India & Ors. -Versus- Dharmendra Textile Processors & Ors., reported in 306 ITR 277 & 2431 TR 855 (SC) correctly? As the respondent is represented by learned counsel, issuance and service of the notice of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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