COMMISSIONER OF INCOME TAX Vs. HIM CONTAINERS LIMITED
LAWS(GAU)-1994-1-11
HIGH COURT OF GAUHATI
Decided on January 12,1994

COMMISSIONER OF INCOME TAX Appellant
VERSUS
HIM CONTAINERS LTD. Respondents


Referred Judgements :-

COMMISSIONER OF INCOME TAX VS. MEGHALAYA PLYWOOD LIMITED [REFERRED TO]


JUDGEMENT

M.K.SHARMA J. - (1.)THESE five applications filed by the Revenue under S. 256(2) of the IT Act, 1961, deal with a common question and, therefore, we propose to take them up together and dispose of them by a common judgment and order.
(2.)THE Revenue has filed these five applications under S. 256(2) of the IT Act, 1961, praying for a direction to call for a statement of facts from the Tribunal to this Court for its opinion on the following question of law:
"Whether, on the facts and in the circumstances of the case, the Tribunal did not err in accepting the CIT (A.)' decision that the amount of capital subsidy receipt is not to be deducted from the cost of plant and machinery for the purpose of determining the deductible depreciation allowance -

(3.)WE may state that although the proposed questions of law as framed in the aforesaid five applications are not exactly in the same language, they are substantially similar and relate to the same subject -matter. The proceedings relate to different assessment years as mentioned in these five applications.
We have heard Mr. D.K. Talukdar, learned counsel appearing for the Revenue, and also Dr. Saraf and Mr. Joshi, learned counsel appearing for the assessee. Our attention has been drawn to the decision of this Court in I.T.A. Reference No. 17 of 1988 - CIT vs. Meghalaya Plywood Ltd. (1994) 116 CTR (Gau) 301 : (1993) 202 ITR 343. It is submitted that the issue in these five applications is squarely covered by the said decision.



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