1984 (9) TMI 33

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..... , it claimed depreciation on the fibre glass utilised in the construction of the cold storage plant. Even though in the assessment proceedings, this claim was made by the opposite party, it was not considered. Consequently, the opposite party made an application under section 154 of the Income-tax Act (hereinafter referred to as " the Act "). The Income-tax Officer allowed depreciation on the fibr .....

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..... ere raised by the Revenue before the Tribunal : (1) Whether the learned Appellate Assistant Commissioner has erred in law on facts in accepting the applicability of section 154 as the point involved was debatable ? (2) Whether the order of the Appellate Assistant Commissioner being erroneous in law and on facts be set aside and the order of the Income-tax Officer be restored ? The Tribunal took .....

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..... e case and refer the aforesaid question of law to this court for its opinion. It was urged by the learned counsel for the petitioner relying on the decision in the case of CIT v. Scindia Steam Navigation Co. Ltd. [1961] 42 ITR 589 (SC) that when a question of law is raised before the Tribunal but the Tribunal fails to deal with it, it must be deemed to have been dealt with by it and is, therefore .....

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