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1989 Supreme(Cal) 199

A.K.SENGUPTA, BHAGABATI PRASAD BANERJEE
CALCUTTA ELECTRIC SUPPLY CORPORATION LTD. – Appellant
Versus
COMMISSIONER OF INCOME-TAX – Respondent


Advocates Appeared:
B.K.Bagchi, M.SEAL, S.K.CHAKRABORTY

AJIT K. SENGUPTA, J.

( 1 ) AT the instance of the assessee, the following common questions of law have been referred to this court for the assessment years 1968-69 and 1969-70 :" (i) Whether, on the facts and in the circumstances of the case and having regard to the fact that the assessee is a sterling company maintaining accounts in pound sterling, the Tribunal was right in holding that for the purpose of computation of the admissible amounts of depreciation under Section 32 (l) (iii) and/or development rebate and profit under Section 41 (2) of the Act for the assessment years 1968-69 and 1969-70, the written down value of the fixed assets should be determined, not in pound sterling, but in equivalent amount of rupees ? (ii) Whether, on the facts and in the circumstances of the case, a revision of the written down value of the assets comprising service lines acquired prior to April 1, 1961, which written down value had been correctly arrived at under the Indian Income-tax Act, 1922, was required for the assessment years 1968-69 and 1969-70 by virtue of the definition of 'actual cost' introduced by the Income-tax Act, 1961, with effect from the assessment year 1962-63 ? (iii) Whet




















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