Delhi High Court
Commissioner Of Income-Tax vs Premier Cushions Pvt. Ltd. on 16 April, 1990
Equivalent citations: 1990 185 ITR 280 Delhi
Bench: B Kirpal, C Chaudhary
JUDGMENT Kirpal, J.
1. We have heard learned counsel for the parties at length, and in view of the decision in the case of East Asiatic Co. (India) P. Ltd. v. CIT [1986] 161 ITR 135 (Mad), we direct the Tribunal to state the case and refer the following question of law to this court :
"Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in confirming the order of the Commissioner of Income-tax (Appeals), in directing the Income-tax Officer to set off the unabsorbed depreciation carried forward from earlier years against the income from other sources of the current year when the business stood discontinued ?"
2. There will be no orders as to costs.