COMMISSIONER OF INCOME TAX, KOL-I, KOL vs. M/S. JINDAL INDIA LTD.
In the result, the appeal filed by the revenue
ITA/95/2011HC Calcutta16 Mar 2023
Bench: : The Hon’Ble Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 16Th March, 2023 Appearance : Mr. Smarajit Roychowdhury, Adv. ...For The Appellant. Mr. J. P. Khaitan, Sr. Adv. Mr. Sanjoy Bhowmick, Adv. Ms. Swapna Das, Adv. ...For The Respondent. The Court : This Appeal Filed By The Revenue Under Section 260A Of The Income Tax Act, 1961 (The ‘Act’ For Brevity) Is Directed Against The Order Dated 30Th November, 2010 Passed By The Income Tax Appellate Tribunal, “A” Bench, Kolkata (The Tribunal) In Ita No.368 & 369/Kol/2010 Years 2005- 06 & 2006-07. The Revenue Has Raised The Following Substantial Questions Of Law For Consideration:
Section 2(18)(b)Section 2(22)(e)Section 260ASection 31
depreciation of rolls prior to
4
30th September, 1991 as 100% and thereafter at 50%, so it to be
assumed that the expenditure should be treated as capital
expenditure. This aspect was also considered in the case of
Malhotra Industrial Corporation taking note of the decision of
the High Court of Karnataka in the case of Mysore Spun Concrete
Pipe
