T.D Sugla, J.:— In this departmental reference relating to the assessment of the assessee, a company, for 1972-73, the Tribunal has referred to this court the following question of law under section 256(1) of the Income-tax Act, 1961:
“Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee has an option to claim or not to claim depreciation and that the Income-tax Officer was not entitled in law to allow depreciation when the assessee has not supplied the particulars for grant of depreciation allowance as required by section 34 of the Act?”
2. Counsel are agreed that the issue involved herein is covered by our court's judgment in the case of CIT v. Shri Someshwar Sahakari Sakhar Karkhana Ltd. [1989] 177 ITR 443, in favour of the assessee. Following the said decision, we answer the question in the affirmative and in favour of the assessee.
3. No order as to costs.