2011 (12) TMI 631

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..... ue in this appeal which read thus :- (a) Whether, on the facts and in the circumstances of the case and in law, the ITAT is right in not allowing the depreciation to be allowed in computing the gross total income before allowing the deduction under Chapter VIA, following the recent judgment of this Court in the case of Scoop Industries Pvt Ltd and others v. TIO and ors 289 ITR 195 (Bom) 2007 wh .....

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..... erned, the Counsel for the parties state that the similar question raised by the Revenue in the assessee s own case being Income tax Appeal No. 5556 of 2010 has been rejected by this Court today i.e. on 2nd December, 2011. Hence, the first question cannot be entertained. As regards the second question is concerned, the Counsel for the parties state that the similar decision rendered by the ITAT in .....

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