2019 (7) TMI 1976

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ORDER PER MAHAVIR SINGH, JM: By way of this Misc. Application, the assessee has sought to rectify the mistake apparent on record in the order of Tribunal dated 20.03.2017 passed in ITA No. 6035/Mum/2009 for the A.Y 2003-04. 2. The learned Counsel for the assessee drew our attention to the following ground No. 3: - i) the CIT(A) erred in upholding the disallowance of depreciation on the cos .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... (b) Even as per definition of "Acquired Assets" as per the purchase agreement and the annexure thereto, the Appellant had purchased also the know-how and intangibles from the Vendors in addition to goodwill and the Appellant should have allowed depreciation on the 2/3rd Value of the consideration taken by the Appellant or in any event such amount as determined by the Assessing Officer. (c) .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... craves, leave to add, amend or alter the grounds of appeal at the time of hearing." 3. We have gone through the order of the Tribunal and noticed that this issue was not adjudicated. The learned Counsel for the assessee stated that he is only interested in recalling of the ground. 4. On this, the learned Sr. Departmental Representative could not controvert the above factual position and submiss .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X