Rajasthan High Court - Jaipur
Principal Commissioner Of Income ... vs M/S Rajasthan State Mines And Minerals ... on 6 February, 2020
Bench: Sangeet Lodha, Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Income Tax Appeal No. 48/2019
Principal Commissioner Of Income Tax-Ii
----Appellant
Versus
M/s Rajasthan State Mines And Minerals Ltd.
----Respondent
For Appellant(s) : Mr. Anuroop Singh HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 06/02/2020 Heard learned counsel for the appellant. Following substantial question of law arises for consideration of this Court in the present appeal :
Whether on the facts and in the circumstances of the case, the Tribunal was justified in allowing depreciation or amortization of mining land and lease hold land of Rs.4,70,33,366/-, treating the same as capital expenditure ignoring the provisions of Sections 32 and 35D(2) of the Income Tax Act, 1961, which was not even claimed by the assessee in the original return of the income and the return was not revised within time, which is contrary to the ratio laid down by the Supreme Court in 'Goetze India Ltd. Vs. CIT' 248 ITR 323 ?
Admit. Issue notice.
(MAHENDAR KUMAR GOYAL),J (SANGEET LODHA),J VIJYANT SHARMA /632 (Downloaded on 06/02/2020 at 09:22:35 PM) Powered by TCPDF (www.tcpdf.org)