Commissioner of Income Tax vs Alankar Bottling Co.

Having heard counsel for the Revenue, and the assessee, we are of the opinion that the three questions mentioned herein below do arise from the order of the Tribunal, as contended by the Revenue. The Tribunal is, accordingly, directed to state the said questions for the opinion of this court u/s 256(2) of the Income Tax Act. The Income Tax application is, accordingly, allowed :

"1. Whether the Income Tax Appellate Tribunal was legally correct in holding that the Income Tax Officer was justified in directing in the original order that the loss on account of depreciation be carried forward and set-off in subsequent years ?

Whether, in the face of the specific provisions of law contained in Section 32(2) and Section 75 of the Income Tax Act, 1961, the Income Tax Appellate Tribunal was justified in upholding the order of the Commissioner of Income Tax (Appeals) ?

Whether the Income Tax Appellate Tribunal was legally correct in holding that the issue whether unabsorbed depreciation has to be allowed in the case of the firm or of the partners is a debatable issue which cannot be made the subject-matter of rectification u/s 154 ?"