COMMR OF INCOME TAX HYD vs. M/S.TAHER ENGG CORP. SECBAD
ITTA/85/2002HC Telangana03 Feb 2012
Bench: The Commissioner (Appeals). Through Order, Dated 04.12.1991, The Commissioner Allowed The Appeal & It Was Held That The Applicant Is Entitled To Treat The Unabsorbed Depreciation As Loss. Thereupon, The Department Carried The Matter In Appeal By Filing Ita.No.728/Hyd/1992 Before The Tribunal. The Tribunal Allowed The Appeal Through Its Order, Dated 28.08.1995 & Took The View That The Unabsorbed Depreciation Cannot Be Treated As Loss For The Purpose Of Section 115-J Of The Act.
Section 115Section 143(1)Section 155Section 256(1)
disallowed the
unabsorbed loss of the earlier Assessment Years. Aggrieved by that, the
applicant filed an appeal before the Commissioner (Appeals). Through
order, dated 04.12.1991, the Commissioner allowed the appeal and it
was held that the applicant is entitled to treat the unabsorbed
depreciation as loss. Thereupon, the department carried the matter in
appeal by filing ITA.No.728/Hyd/1992 before