B. Bhattacharya, J. - (1.) This appeal under Sec. 260A of the Income Tax Act, 1961 is at the instance of the Revenue and is directed against the order dated 26th June, 2000, passed by the Income Tax Appellate Tribunal, 'E' Bench, Calcutta, in ITA No. 2637/Cal/1995, for the Assessment Year 1992 -93 thereby setting aside the order of the CIT (Appeals) and granting the benefit of depreciation in favour of the Assessee under Sec. 32 of the Income Tax Act.
(2.) Being dissatisfied, the Revenue has come up with the present appeal.
(3.) At the time of admission of the present appeal, a Division Bench of this Court admitted this appeal on the following question of law: Whether on the facts and in the circumstances of the case, and in law, the I.T.A.T. erred in granting depreciation in respect of the factory in which no operation was carried out during the relevant previous year?;