2007 (2) TMI 208

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 4. The two questions of law that arise for consideration in this appeal are as follows: "1. Whether, in the facts and circumstances of the case, the Tribunal was right in holding that where the assessment was under section 115J for the earlier year, the assessee is entitled to excess depreciation? 2. Whether, in the facts and circumstances of the case, the Tribunal was right in holding that fo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ce and past losses would be treated as fully availed to the extent of statutory profits of the year. Hence, the written down value of the assets to be adopted for determining the depreciation would be after deduction of the depreciation calculated under the normal provisions of the Act in the earlier assessment year in which the total income was assessed under section 115J. On appeal, the Commissi .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Revenue. Learned senior standing counsel fairly brought to our attention a decisions of this court reported in CIT v. Nameel Leathers and Uppers [2005] 273 ITR 350 and CIT v. Seshasayee Paper and Boards Ltd. [2006] 283 ITR 200, on the scope of section 143(1)(a) with reference to the jurisdiction available under section 154 of the Act. While considering similar contention on the jurisdiction und .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X