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TMI Blog2015 (1) TMI 480X X X X Extracts X X X X X X X X Extracts X X X X ..... substantial question of law. It is accordingly dismissed. X X X X Extracts X X X X X X X X Extracts X X X X ..... onal Selection, reported in 264 ITR 110 and in the case of CIT vs. Nagpur Hotel Owners' Association, reported in 247 ITR 201. 5. The Tribunal referred to this aspect and concluded that the Assessee in this case had pointed out that the claim of depreciation stands fully covered by these two judgments. It was pointed out that the income was applied initially for acquisition of the assets. Later on depreciation was claimed on the use of the assets and from year of its acquisition and later on. 6. Previously, such a question was raised by the Revenue in Income Tax Appeal No.797 of 2012 decided on 26 September 2014. While negativing the arguments of Revenue, this Court has relied upon the earlier judgment of this Court rendered in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re us. The Tribunal has also referred to the judgments of the Hon'ble Supreme Court and held that there is no merit in the contention of the Departmental Representative that the decision of the Hon'ble Supreme Court in CIT vs Nagpur Hotel Owners' Association, reported in 247 ITR 201, with regard to claim of depreciation would in any way enable it to hold that the Commissioner has committed an error of law apparent on the face of the record. The reasons in para 14 of the order under challenge upholding the conclusion of the Commissioner, therefore, do not suffer from any error of law apparent on the face of the record. 7. We do not find that this view taken by us and in another order in the case of The Director of Income Tax v/s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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