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TMI Blog2010 (4) TMI 101X X X X Extracts X X X X X X X X Extracts X X X X ..... as allowable in the year in question. - Consequently, although we have not formed any substantial question of law for consideration inasmuch as the issues stand settled, in view of the fact that the said bottles were used for less than 180 days, only 50% depreciation would be allowable and to this extent, the Tribunal’s order stands modified X X X X Extracts X X X X X X X X Extracts X X X X ..... unal in ITA No. 1207/Del/2000 pertaining to the assessment year 1992-1993. 2. The revenue has proposed six questions, which, according to them, are substantial questions of law and need to be considered in this appeal. Proposed questions (a) and (b) pertain to the validity of the re-assessment proceedings under Section 147 of the Income Tax Act, 1961. In this regard, the learned counsel for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsofar as the question of whether 100% depreciation was allowable on the leased bottles, the same stands covered by the aforesaid decisions of this Court. We may point out that in Prem Nath Monga Bottlers (P) Ltd (supra), reference was also made to a decision of the High Court of Andhra Pradesh in the case of CIT v. Sri Krishna Bottlers Private Limited: 175 ITR 154 (AP). Consequently, the proposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... han 180 days in the year in question. The bottles involved in the present case were used for less than 180 days and, therefore, only 50% depreciation was allowable in the year in question. This submission is not controverted by Mr Syali, who appears on behalf of the respondent/ assessee. 3. Consequently, although we have not formed any substantial question of law for consideration inasmuch as th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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