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2020 (10) TMI 98

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..... HELD THAT:- This issue has been decided by us in the connected appeal i.e. Income Tax Appeal [ 2020 (9) TMI 928 - BOMBAY HIGH COURT] arising out of the same common order of the Tribunal for the assessment year 2006-2007. It has been held that no substantial question of law arises on this issue from the order of the Tribunal. Following the said order we dismiss the present appeal of the revenue by .....

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..... rdiwalla, learned senior counsel alongwith Mr.Atul Jasani, learned counsel for the respondent/assessee. 2. This appeal has been filed by the revenue under section 260A of the Income Tax Act, 1961 (briefly the Act hereinafter) against the order dated 26th August, 2016 passed by the Income Tax Appellate Tribunal, Mumbai Bench F , Mumbai (referred to as the Tribunal hereinafter) in ITA No. 319 .....

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..... FSI is not in the nature of any kind of assets until and unless the additional flooring/building is constructed, therefore, not eligible for depreciation in this case? 2. Whether on the facts and in the circumstances of the case and in law, Tribunal is justified in allowing depreciation amounting to ₹ 3,66,06,538.00 on intangible assets as claimed by the assessee? 7. During the hea .....

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..... is issue from the order of the Tribunal. Following the said order we dismiss the present appeal of the revenue by holding that no substantial question of law arises from the order of the Tribunal. 9. However, there shall be no order as to costs. 10. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or em .....

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