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1992 DIGILAW 106 (KAR)

Commissioner of Income Tax v. Progressive Engineering and Annapurna Roller Flour Mills Pvt. Ltd.

1992-03-05

S.P.BHARUCHA, SHIVARAJ V.PATIL

body1992
JUDGMENT S.P. Bharucha J.--This is a reference at the instance of the Revenue. The question that is referred reads thus : "Whether, on the facts and circumstances of the case the Appellate Tribunal is right in law in holding that the subsidy received by the assessee should not be deducted from the cost of the capital asset for the purpose of grant of depreciation and investment allowance ?" 2. The matter is on board today only because the notice to the respondent has not yet been returned, but Mr. H. Raghavendra Rao, learned counsel for the Revenue, fairly states that the question is to be answered in the affirmative and in favour of the assessee in view of the decision of this court in Commissioner of Income Tax Vs. Diamond Dies Manufacturing Corporation Ltd., (1988) 172 ITR 655 KAR Accordingly, the question is answered in the affirmative and in favour of the assessee.