Income Tax Appellate Tribunal – Mumbai
Hindustan Conductors Ltd. vs Dcit, Spl. Range-1 on 30 May, 2002
Bench: V Wakharkar, M Shrawat
ORDER
1. We have difference of opinion on the following point:-
“Whether, on facts and circumstances of the case, deduction on account of depreciation and investment allowances should be allowed for the year under consideration only to the extent it was necessary to reduce the income to the level of the income computed Under Section 115J and consequently whether the order of the Assessing Officer and the ld. CIT (A) or interpretation of the provision of the Section 115J(2) of the Income-tax Act, 1961 should be set aside.”
2. We accordingly, by virtue of the provisions contained in Section 255(4) of the Act refer this point to the Hon’ble President Income-tax Appellate Tribunal for necessary action.