COMMISSIONER OF INCOME TAX Vs. SYNERGY MULTIBASE LTD

JUDGEMENT

(1.) By way of filing these appeals under Section 260A of the Income-tax Act, 1961 the Commissioner of Income-tax, Valsad had challenged the judgment/order dated 28th June 2006 passed by the Income-tax Appellate Tribunal, Ahmedabad Bench in ITA No.2458/Ahd/2000 as well as order dated 13th October 2006 passed in ITA No.1953/Ahd/2002.

(2.) Since the common questions of law are posed for our consideration in these two appeals, we propose to dispose of these two appeals by the common judgment.

(3.) The brief facts, shorn of unnecessary details for the purpose of disposal of these two appeals, are that the assessee in Tax Appeal No.701 of 2007 filed return of income on 28th November 1997 declaring loss of Rs.2,06,63,300/- The assessment under Section 143(3) of the Income Tax Act was completed and the Assessing Officer determined the loss at Rs.3,11,59,931 by including the depreciation of Rs.1,06,46,627/- though the assessee had not claimed the depreciation.