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| The Tax Publishers2020 TaxPub(DT) 0790 (Mad-HC) INCOME TAX ACT, 1961
Section 37(1)
This court dispose of the present Appeal filed by the assessee and setting aside the order of Tribunal and remanded the case back to Tribunal for deciding the said appeal in accordance with law afresh in terms of the aforesaid order passed by the Coordinate Bench of this Court for previous assessment years viz., 2000-01 and 2001-02.
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Business expenditure - Claim of warranty provision - Allowability of higher rate of depreciation at 40% on plastic moulds -
Assessee's case was that Coordinate Bench of this Court had remanded the case back to Tribunal on both the issues of claim of warranty provision and on the issue of allowability of the higher rate of depreciation at 40% on plastic moulds. However, after the said remand under the order of this Court, both parties did not have any information as to what happened in Tribunal after such remand. Held: This court dispose of the present Appeal filed by assessee and setting aside the order of Tribunal and remanded the case back to Tribunal for deciding the appeal of assessee in accordance with law afresh in terms of the aforesaid order passed by the Coordinate Bench of this Court for previous assessment years viz., 2000-01 and 2001-02.
Followed:Rotork Controls India (P) Ltd. v. Commissioner of Income Tax] (2009) 314 ITR 62 (SC) : 2009 TaxPub(DT) 1730 (SC)
REFERRED :
FAVOUR : Matter remanded
A.Y. : 2002-03
IN THE MADRAS HIGH COURT
VINEET KOTHARI & R. SURESH KUMAR, JJ.
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