JUDGMENT
D.K. Jain, C.J.
This appeal by the revenue under section 260A of the Income Tax Act, 1961 (hereinafter referred to as “the Act”), is directed against the order dated 17-5-2004, passed by the Income Tax Appenate Tribunal, Chandigarh Bench-A (hereinafter referred to as “the Tribunal”), in I. T. A. No. 562/Chandi of 2003, pertaining to the assessment year 1994-95. According to the revenue, the impugned order gives rise to the following substantial question of law :
“Whether, the Hon’ble Incoine Tax Appellate Tribunal was right in law in separately allowing depreciation to the assessee for the assessment year 1994-95 when the net profit rate at 8,Ra cent. was adopted thereby deeming that the deductions under sections 30 to 38 have already beemgiven full effect ?”
Since, in our opinion, in so farl as this court is concerned, the issue sought to be raised by the revenue is no more res integra, we deem it unnecessary to state the facts, giving rise to the present appeal. Suffice it to note that the only issue before the Tribunal was that when a net profit rate is applied because of non-maintenance of proper books of account, the assessee is still entitled, to claim other business expenses, like salary, interest and depreciation, etc.
A similar issue came up for consideration of this court in CIT v. Chopra Bros. India (P) Ltd. (2001) 252 ITR 01; The question for, consideration, in that case was whether an assessee was entitled to the claim of depreciation on machinery, when a net profit rate on contract receipts had been applied. Answering the question in favour of the assessee, this court opined that such a claim had to be separately taken into account provided the requisite particulars had been furnished by the assessee.
In an attempt to distinguish the said decision, Mr. Patwalia, learned counsel for the revenue, has submitted that the ratio of the decision is not applicable on the facts of the instant case inasmuch as in the present case necessary particulars in support of the claims had not been furnished by the assessee.
Having perused the documents placed on record, we are of the opinion that the contention is devoid of any substance. In the order of the Commissioner (Appeals) it has been specifically noted that the audit accounts along with the audit report, balance-sheet, profit and loss account, fixed assets and depreciation chart, as prescribed, had been filed with the department. Learned counsel for the revenue is unable to controvert the said observation by the Commissioner.
Thus, in view of the pronouncement of this court in the case of Chopra Bros. India Ltd. (2001) 252 ITR 412, no question of law, much less a substantial: question of law, survives for our consideration.
Consequently, we decline to entertain the appeal. Dismissed.