Supreme Court · 1999 INSC 93 · Decided 10 March 1999

M/S. Saraswati Industrial Syndicate LTD. v. The Commissioner of Income Tax, Haryana, Rohtak

Court
Supreme Court of India
Citation
1999 INSC 93 · [1999] 1 S.C.R. 974
Case number
CIVIL APPEAL No. 1804/1981
Decided
10 March 1999
Bench
S.P. BHARUCHA, S.S.M. QUADRI, R.C. LAHOTI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Income Tax Rules, 1962 : Appe11dix-l, Part I, Para Ill Item 3(ii) B(7}-Machinery and plant used in manufacture of sugar-Claim for special rate of depreciation as c01rosive chemicals were being used in the process-Expert opinion filed in support-In­ come Tax officer declining to consider expe1t that expert was not produced-Claim rejected-Held, neither the Income Tax Officer nor D the High Court entitled to make stateme11t on technical matters for which no basis had been laid on record-High Court should have asked the Tribunal to take further evidence and draw up a supplemental statement

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