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2006 Supreme(P&H) 3674

ADARSH KUMAR GOEL, RAJESH BINDAL
Sanjeev Kumar Pandhi – Appellant
Versus
Commissioner Of Income Tax-i, Jalandhar – Respondent


Judgment

1. This appeal has been preferred by the assessee against the order of the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar dated 28.7.2005 in ITA No.84 (ASR)/2004, in respect of assessment year 2000-01, proposing following substantial questions of law:-

"1]. Whether on facts and circumstances of the case, the tribunal was right in law in sustaining an addition of rs.1,18,000/- towards investment in construction of air pollution Control Device, despite appreciating that the source of the said investment stood duly explained by the assessee and accepted by the authorities below?

2]. Whether on the facts and circumstances of the case the tribunal was right in law in rejecting the assessees specific ground of appeal which involved adjudication upon a question of law on the basis of facts borne on record, pertaining to entitlement of the assessee towards depreciation on assets, when the particulars of said assets were duly furnished to the AO, in light of the fact that on omission of section 34 (1), the assessee was statutorily entitled to depreciation under section 32 (1) r. w. Section 29 of the Income Tax Act, 1961 , merely on the ground that the said ground was not ta









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