9911796707
TMI Blog2023 (2) TMI 1372X X X X Extracts X X X X X X X X Extracts X X X X ..... s unlawful and could not have been done by invoking the power u/s 263 - Tribunal had considered the factual position which was not in dispute; took note of the decisions of Bose Abraham Vs. State of Kerala [ 2001 (2) TMI 890 - SUPREME COURT ] and Gaylord Constructions [ 2009 (8) TMI 1156 - KERALA HIGH COURT ], Gujco Carriers [ 2002 (2) TMI 48 - GUJARAT HIGH COURT ], Sanco Trans Ltd [ 1996 (12) TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TA No. 583/Kol/2010 for the assessment year 2005-06. Heard learned Counsel for the appellant Mr. Prithu Dudhoria, who had appeared in this appeal when the appeal was admitted on 11.3.2011. Though it is submitted by the learned standing Counsel that he does not have specific instruction to appear, since he has appeared when the appeal was admitted we directed him to appear in this matter and his ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciation at 30% as allowable in case of motor lorries, since they were used in absence of running them on hire which was considered in the proper perspective by the assessing officer and the action of the CIT in restricting the depreciation at 15% is unlawful and could not have been done by invoking the power under Section 263 of the Act. The learned Tribunal had considered the factual position whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
