- (1.) Heard learned counsel for the parties.
(2.) Four questions have been raised by the appellant/revenue in this Tax Appeal No. 13 of 2001 which are as follows :- (1)"Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in treating part of guest house expenditure as revenue expenditure under Section 37(4) of the Income Tax Act, 1961 for the assessment year 1990-91?" (2)"Whether on the facts and in the circumstances of the case, the Tribunal was justified in giving relief of Rs. 16,15,298/- to the assessee in respect of claim of guest house expenses for the assessment year 1990-91?" (3)"Whether on the facts and in the circumstances of the case, the Tribunal was justified to hold that provision for wages of Rs. 48,19,00,000/- should be set off against the income for assessment year 1989-90 for computation of taxable income for the assessment year 1990-91 for the purpose of section 115 J of the Income Tax Act?" (4)"Whether on the facts and in the circumstances of the case, the Tribunal was justified in allowing relief to the assessee on the issue of allowing depreciation on sale off assets/surveyed off assets for the assessment year 1990-91 Rs. 39,42,000/- in the light of the provisions of section 43(6) and section 50 of the Income Tax Act?"
(3.) Learned counsel for both the parties submitted that question Nos. 1, 2 and 4 have already been answered by this Court in Tax Appeal No. 14 of 1999(R) (Commissioner of Income Tax Vs. M/s. Central Coalfields Limited) vide order dated 13 th June, 2012 which was the matter between the parties.;