9911796707
TMI Blog1995 (12) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... ernoted question for answer with reference to the order passed by the Appellate Tribunal in ITA No. 13/Ind of 1984 on the application of the applicant/assessee : " Whether, on the facts and in the circumstances of the case, the unabsorbed depreciation of the firm for the assessment years 1977-78, 1978-79 and 1979-80 at Rs. 88,101, Rs. 96,161 and Rs. 44,594, respectively, is allowable for set-off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f of unabsorbed depreciation of earlier years. The assessee filed an appeal to the Assistant Commissioner of Income-tax, Ujjain Range, Ujjain, registered as Appeal No. UA 66 of 1983-84. The first appellate authority dismissed the appeal of the assessee and upheld the order of the Income-tax Officer. The assessee preferred a second appeal before the Income-tax Appellate Tribunal, Indore Bench, Indo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st the income for the year under reference. Assessment year Amount Rs. 1977-78 88,101 1978-79 96,161 1979-80 44,594 -------- Total 2,28,856 ------ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred only question No. 1 to this court for its opinion as above. None appeared for the applicant/assessee. Shri D. D. Vyas, learned counsel appeared for the Department/NA. He is heard. Shri Vyas, learned counsel, submitted that the assessee at whose instance, reference is made, has chosen to remain absent and has, thus, not enabled the hearing of this reference. Under these circumstances, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of section 256(1) of the Income-tax Act and section 44(1) of the Madhya Pradesh General Sales Tax are applied when the references are made, but the consequence, in default of appearance of the party at whose instance the references are made, remains the same. We accordingly find that the objection raised by Shri Vyas is proper and deserves to be permitted to prevail. We, therefore, accept t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
