On appeal by the revenue , the Court has admitted additional question, whether the assesse can disclaim depreciation when it claimed deduction u/s 80HH . The matter was remanded to the Tribunal to consider factual aspect . ( AY. 1989-90)
CIT v. Auto Mobile Corporation of Goa Ltd ( 2018) 405 ITR 310/164 DTR 168 ( Bom) (HC)
S. 32: Depreciation – Option- Newly established industrial undertakings – Back ward areas –Additional question was admitted and the matter was remanded to the Tribunal to consider factual aspect [ S. 80HH, 260A(4)]