PRINCIPAL COMMISSIONER OF INCOME TAX, KOLKATA - 4, KOLKATA vs. M/S JCT LIIMITED
ITAT/162/2017HC Calcutta25 Nov 2021
Bench: : The Hon’Ble Justice T.S. Sivagnanam A N D The Hon’Ble Justice Hiranmay Bhattacharyya Date: November 25, 2021. Appearance : Mr. P.K. Bhowmick, Adv. … For The Appellant Mr. Asim Choudhury, Adv. … For The Respondent The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The Act, In Brevity) Is Directed Against The Order Dated 1St June, 2016 Passed By The Income Tax Appellate Tribunal “D” Bench, Kolkata In Ita No.1983/Kol/2013 For The Assessment Year 2008-09. The Revenue Has Framed The Following Substantial Questions Of Law For Our Consideration: “(A) Whether On The Facts & In The Circumstances Of The Case The Learned Tribunal Was Erred In Law In
Section 2Section 260ASection 263Section 32
2) of section 32
of the Income-tax Act, carried forward unabsorbed depreciation is
allowed to be set-off against profits and gains of business or
profession of the subsequent year, subject to the condition that
the business or profession for which depreciation allowance was
originally computed continued to be carried on in that year. A
similar condition in section