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TMI Blog2019 (1) TMI 757X X X X Extracts X X X X X X X X Extracts X X X X ..... No.30030/2018) CIVIL APPEAL NO.13 OF 2019 (@SLP(C) No.3 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961 (for short 'the Act') when the interest would not have been payable to banks, if funds were not provided to subsidiaries; 2. Whether on the facts and in the circumstances of the case and in law, the High Court is correct in upholding the Tribunal's view that prior to insertion of Explanation-5 to Section 32 of the Act, the claim of depreciation was optional and could not be thrust on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... harges, especially when the TPO had adopted the same mark up in relation to its European associate, what the assessee itself had adopted in relation to its USA associate. Insofar as the first question is concerned, the issue raises a pure question of fact. The High Court has noted the finding of the Tribunal that the interest free funds available to the assessee were sufficient to meet its inves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court bearing in mind the law laid down in the above case. We keep open all the rights and contentions of the Revenue and the assessee in regard to the applicability of the provision for the relevant Assessment Years. As regards, the third question pertaining to preoperative expenses; the fourth question pertaining to the deduction under Section 80M of the Act; and the fifth question perta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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