- (1.) Two questions have been referred in this case. The first question is mentioned in Para 2.2 of the statement of the case and reads as follows : "Whether the Tribunal, in the circumstances and facts of the case was legally justified in allowing the depreciation @ 20% instead of 10% on Generator?".
(2.) The second question is found at the end of the paragraph No.3 of the statement of the case and reads as follows : "Whether on the facts and in the circumstances of the case the Tribunal was justified in accepting assessee's claim for weighted deduction u/s 35-B read with Rule 6-AA(c) in respect of 30% of the salaries and 25% of packing expenses towards quality control ?"
(3.) So far as the first question is concerned, the issues stands covered by the decision of a Division Bench of this Court in the case of Janta Sugar Industries Vs. C.I.T reported in 2005 UPTC 676, in which it has been held that the depreciation of 10% is allowable on the generator instead of 20%.;