Kapadia, J. - (1.) Delay condoned.
(2.) Leave granted.
(3.) In this civil appeal filed by the Department two questions of law arise for determination which questions are as follow: (1) Whether interest paid in respect of borrowings on capital assets not put to use in the concerned financial year can be permitted as allowable deduction under Section 36(1)(iii) of the Income-tax Act, 1961 (2) Whether respondent-assessee had an option in law to claim partial depreciation in respect of any block of assets. ;