ITR No.35/1995
4.1.2011.
Shri G.N. Purohit, Sr.counsel with Shri Abhsheik Oswal for
the applicant Assessee.
Shri Sanjay Lal for non-applicant Department.
Shri Purohit, learned Sr.cousnel appearing for the applicant
submitted that there are subsequent events and after passing of
the order on reference, the Tribunal has reconsidered the matter
in M.A. No.8/JAB/87 on 31.10.1988, the reference has rendered
infructuous because the Income Tax Appellate Tribunal, Jabalpur
itself has granted the relief to the petitioner and allowed full
depreciation to the petitioner so this reference may not be
answered. In the alternate, it is submitted by Shri Purohit that
now both the questions remain academic and no fruitful purpose
would be served if the reference is answered.
These contentions are not opposed by learned counsel
appearing for the Department.
As the Department itself has granted relief to the applicant
so this reference remains academic and no purpose will be
served, if the reference is answered in the matter.
In view of the aforesaid, at the request of of the parties, the
proceedings are closed. Reference is disposed of accordingly.
(Krishn Kumar Lahoti) (Giriraj Das. Saxena)
Judge Judge
Khan*