2013 (2) TMI 468

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..... no more claim of depreciation under the Income Tax Act. - Held that:- there is no valid documentary evidence of the appellant having relinquished their claim of depreciation. no copy of any revised Income Tax assessment order is available on record. Therefore, the assessee has no prima facie case on merits. Waiver of pre-deposit rejected and Stay petition allowed subject to deposit of duty. - E/1 .....

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..... me Tax Act. It is submitted by the learned Superintendent (AR) that there is no valid documentary evidence of the appellant having relinquished their claim of depreciation under the Income Tax Act. This submission appears to be factually correct inasmuch as no copy of any revised Income Tax assessment order is available on record. In the case of Commissioner vs. Suprajit Engineering Ltd.: 2010 (25 .....

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