2006 (10) TMI 141

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the court was delivered by Rajesh Bindal J.- These appeals arise from a composite order dated January 19, 2004, passed by the Income-tax Appellate Tribunal, Amritsar Bench, Amritsar (for short, "the Tribunal"), in ITA Nos. 531 to 534 (ASR.) 1998, for the assessment years 1992-93 to 1995-96. 2. At the time of admission of appeals, the following substantial question of law was framed for adjudicat .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... hort, "the DCIT(A)"), dated September 22, 1993, given for the assessment year 1991-92, where unabsorbed depreciation of Rs. 4,57,629, was quantified to be carried forward to the next year. Even before the appeal effect was given to the order of the Deputy Commissioner of Income-tax (Appeals) for the year 1991-92 on November 9, 1993, the return of the firm for the year 1992-93 had already been proc .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ome-tax (Appeals). 4. The short submission made by learned counsel for the appellant in the present case is that at the time when the return for the assessment year 1992-93 was filed, as the loss to be carried forward for the assessment year had not been determined there was no possibility of the assessee's claiming carry forward of unabsorbed depreciation. However, in appeal, for the assessment .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n processed under section 143(1)(a) of the Act and the assessee having not claimed the benefit at the initial stage will not be permitted to claim the benefit thereof at this stage. 5. Having heard learned counsel for the parties, we find substance in the submission of learned counsel for the appellant. Once the claim of the assessee for the previous years had not been determined finally in the a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... entitled to claim any benefit for the reason that in the subsequent years, the firm ceased to exist. In case, the firm itself is not in existence and the unabsorbed depreciation is not carried forward in the hands of the firm, there was no question of apportionment thereof in the hands of the partners. Accordingly, for the assessment years 1993-94 to 1995-96, the claim of the assessee is not perm .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X