Supreme Court · 2009 INSC 161 · Decided 12 February 2009

Mcorp Global PVT. LTD. v. Commissioner of Income-Tax, Ghaziabad

Court
Supreme Court of India
Citation
2009 INSC 161 · [2009] 2 S.C.R. 213
Case number
CIVIL APPEAL No. 955/2009
Decided
12 February 2009
Bench
S.H. KAPADIA, H.L. DATTU (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Income Tax Act

Headnote

Income Tax Act, 1961 : .... J Depreciation - claim for - In respect of two lease trans- actions by the assessee- In respect of first transaction initially c partly denied by AO but on remission of the matter assessee held to be 100% entitled- Order of AO on remission not cha/- Jenged - The order by Tribunal and High Court - In respect of second transactions, depreciation denied by AO and the appellate court~ holding D + the same to be a sham- On appeal, held: Denial of deprecia- tion in respect of first transaction not correct - Tribunal has no power to enhance the assessment- The

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