COMMISSIONER OF INCOME TAX Vs. SONAL GUM INDUSTRIES

JUDGEMENT

(1.) INCOME-TAX Appellate Tribunal, Ahmedabad Bench 'a' (the Tribunal) has referred the following question under Section 256 (2) of the Income-tax Act, 1961 (the Act) at the instance of the applicant-revenue for Assessment Year 1988-89: "whether the appellate Tribunal is right in law and on facts in confirming the order passed by the Dy C. I. T. (Appeals) directing the Assessing Officer to grant depreciation in view of the fact that concept of block of assets had been inserted in the Act, when the assets were not used in the year?"

(2.) HEARD the learned advocate for the applicant-revenue. She has reiterated the stand taken by the Assessing Officer in the assessment order to assail the impugned order dated 16. 05. 1997 made by the Tribunal.

(3.) THOUGH served none appears for the respondent-assessee.