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TMI Blog2019 (8) TMI 1063X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 (7) TMI 1259 - CALCUTTA HIGH COURT] where this particular issue regarding depreciation for the said assessment year was remanded to the tribunal for reconsideration. Now, if the main issue has been remanded to the tribunal, it is required to decide it afresh. That part of its order is set aside. The question of penalty would only arise after its decision. The order setting aside the penalty base ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ERJI AND MS MADHUMATI MITRA, JJ. For The Appearance : Mr. P.K. Bhowmick, Adv. For The Respondent : Mr. Abhijit Chatterjee, Sr. Adv. And Mr. Gopal Ram Sharma, Adv. ORDER The Court :- This appeal involves two assessment years 2002-2003 and 2003-2004. The tribunal disposed of the appeals in relation to both these assessment years by a common judgment and order dated 12th June, 2009. This app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s- Commissioner of Income Tax, Kolkata-1) and ITA No. 429 of 2007 (The Peerless General Finance & Investment Co. Ltd.-Versus- Commissioner of Income Tax, Kolkata-1) decided on 11th July, 2018 where this particular issue regarding depreciation for the said assessment year was remanded to the tribunal for reconsideration. Now, if the main issue has been remanded to the tribunal, it is required to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ial questions of law: 1. Whether on the facts and in the circumstances of the case, the tribunal has interpreted and applied Section 271[1][c] of the Income Tax Act, 1961 correctly? 2. Whether on the facts and in the circumstances of the case, the tribunal has applied the ratio of the judgment of the Supreme Court in Union of India & Ors. -Versus- Dharmendra Textile Processors & Ors., report ..... X X X X Extracts X X X X X X X X Extracts X X X X
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