COMMR. OF INCOME TAX, P.KULA vs. M/S HARYANA VIDYUT PRASARAN NIGAM LTD.
What did the High Court hold?
The High Court dismissed the appeal, upholding the ITAT's decision. The court relied on its own prior judgment in a similar case, which had attained finality.
What were the facts?
The Income Tax Department appealed a decision by the ITAT that allowed the assessee to carry forward unabsorbed depreciation. The department argued that unabsorbed depreciation should be part of the succeeding year's depreciation and not carried forward if the return was not filed within the time limit.
What were the issues?
Whether unabsorbed depreciation can be carried forward if the original return was filed late, and if it forms part of the succeeding year's depreciation.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT(A) v. Haryana Hotels Ltd.11 citing276 ITR 521 · 2005 · HC
IN T (201) Commission M/s Haryan CORAM:
Present:
LISA GILL
04.08.2005 Bench ‘A’, appeal reads 2. relief to the Court in C.I was filed wi challenging by present a
THE HIGH COURT OF PUNJA CHANDIGAR
ner of Income Tax, Panchkula. Versus
na Vidyut Prasaran Nigam Ltd. HON’BLE MRS. JUSTICE L HON’BLE MR. JUSTICE AL
**** Mr. Saurabh Kapoor, Advocate Mr. Sanjeev Kashik Advocate a Ms. Manreet Kaur, Advocate fo
**** L, J. (Oral) This appeal has been filed passed by learned Income-tax A Chandigarh. Question of law a s as under: “On the facts and in the circums ITAT was right in law in allowing depreciation of the earlier years, form part of the depreciation of t depreciation for the succeeding y carried forward as the valid ret allowed under Section 139(1) of t Learned counsel for appellant e respondent-assessee on the b I.T. Vs. Haryana Hotels Ltd., (2 ith the averment that an appeal h said verdict. It is further inform appellant/Department impugning AB AND HARYANA AT RH ITA-28-2006 Date of Decision:-07.04.2025
……Appellant ……Respondent LISA GILL LOK JAIN e for appellant.
and or respondent-HVPNL. for setting aside order dated Appellate Tribunal, Chandigarh as formulated in the grounds of stances of the case, whether the ld. g carry forward of the unabsorbed when as per Section 32(2) it is to the succeeding year, and when the year has not been allowed to be turn was not filed within the time the Act?” t submits that Tribunal granted basis of judgment of this High 2005) 276 ITR 521. This appeal has been filed by the Department med that SLP No.4468/2006 filed g decision in Haryana Hotels
t d h f
d o e e e d h l t d Manju 2025.04.09 16:06 I attest to the accuracy and integrity of this document
ITA-28-200
(supra), has has attained above said raised is ans 3. the specific decision of ITR 521.
April 07, 202 manju Whether speaking/ Whether Reportab
s been dismissed for non-prosecu d finality and stands covered in fa decision. It is submitted that q swered in favour of assessee. Keeping in view the facts and c stand of the appellant, this a this High Court in C.I.T. Vs. H
/reasoned:- Yes/No le:-
Yes/No
-2- ution on 12.12.2006. The matter avour of the assessee, in view of question of law as sought to be
d circumstances of the case and appeal is dismissed in view of Haryana Hotels Ltd., (2005) 276
(LISA GILL)
JUDGE
(ALOK JAIN)
JUDGE
r f e d f 6 Manju 2025.04.09 16:06 I attest to the accuracy and integrity of this document
More judgments on Section 32(2)
- Karnavati Rolling Mills Private Limited… vs The ITO, Ward-2(1)(1), AhmedabadITA 1714/AHD/2025[2018-19]Status: Disposed25 Sept 2026AY 2018-19
- Sree Kumar Textiles Private Limited… vs Assistant Commissioner of Income Tax…ITA 3437/CHNY/2025[2011-2012]Status: Disposed9 Sept 2026AY 2011-2012
- Vts Tf Air Systems Private Limited… vs The Income Tax Officer, Ward 7(1)(1)…ITTPA 710/BANG/2026[2022-2023]Status: Disposed27 Aug 2026AY 2022-2023
- Gluhend India Private Limited, Delhi vs DCIT - 3(1)(1), MumbaiITA 271/MUM/2026[2022-23]Status: Disposed27 Aug 2026AY 2022-23
- Shree Shiv Vijay Processors Private… vs Income Tax Officer Ward 2 1 3, SuratITA 1241/SRT/2025[2018-19]Status: Disposed20 Aug 2026AY 2018-19
Recent GST High Court judgments
Search GST case law →- M/S. Rohit Medical Systems vs. Commissioner Of Delhi Goods And Services Tax And Anr.Delhi · 28 Oct 2026
- Manoj Kumar Prop M K Steel Traders vs. Additional Commissioner, Central Goods And Services Tax & Anr.Delhi · 28 Oct 2026
- Shivam Kumar vs. The State Of BiharPatna · 28 Oct 2026
- M/S Rajkalpana Travels PVT. LTD. vs. Commissioner CGST, Delhi North CommissionerateDelhi · 28 Oct 2026
- Mahaveer Ispat Traders vs. Principal Commissioner Dgst Delhi Department Of Trade And Taxes Gnctd & Anr.Delhi · 28 Oct 2026