Calcutta High Court
Commissioner Of Income Tax vs M/S. Binaguri Tea Company Ltd on 23 August, 2010
Author: Kalyan Jyoti Sengupta
Bench: Kalyan Jyoti Sengupta
ITA No. 173 OF 2009
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (INCOME TAX)
ORIGINAL SIDE
COMMISSIONER OF INCOME TAX,KOL.-II
Versus
M/S. BINAGURI TEA COMPANY LTD.
BEFORE:
The Hon'ble JUSTICE KALYAN JYOTI SENGUPTA
The Hon'ble JUSTICE KANCHAN CHAKRABORTY
Date : 23rd August, 2010.
The Court :- The appeal is admitted on the following substantial question
of law in relation to the financial year 2003-04:-
i) Whether on the facts and in the circumstances of the case the
Learned Tribunal is justified in holding that the depreciation of
Rs.11,26,360/- is allowable on machineries purchased out of
withdrawal from deposits made in accordance with the
provisions of Section 33AB of the said Act.
The appellant shall file requisite number of paper books within two
months from date.
Let Notice-of-Appeal shall be served upon the respondents by the
Department concerned on usual course.
Accordingly the application is disposed of. Certified photostat copy of this order be made available to the parties, if applied for, on completion of usual formalities.
(KALYAN JYOTI SENGUPTA, J.) (KANCHAN CHAKRABORTY, J.) GH.