For Appellant : Mr. P.K. Bhowmick,
Mr. S. Mukherjee, Advocates
For Respondent :
BEFORE:
The Hon'ble Chief Justice Mohit S. Shah
The Hon'ble Justice Sengupta
Date : 9th June, 2010.
The Court : The appeal is admitted in terms of the following
substantial question of law :
"i) Whether on the facts and in the circumstances of the case
the Income Tax Appellate Tribunal was correct in law in
allowing depreciation on goodwill created at the time of
amalgamation of the assessee with M/s. YSN Shares &
ITAT No. 102 of 2010
GA No. 1466 of 2010
Securities (P) Ltd. by ignoring the first proviso of Section 32 of
the Income Tax Act, 1961 ?
ii) Whether on the facts and in the circumstances of the case
the learned Tribunal was justified in law in holding that
membership of stock exchange was an asset eligible for
depreciation under Section 32 of the Income Tax Act, 1961 ?"
The stay application is disposed of.
The appellant is directed to file requisite number of paper book
within three months from date.
Let notice of this appeal be issued to the respondent.
Urgent photostat certified copy of this order, if applied for, be
supplied to the parties subject to compliance with all requisite formalities.
(Mohit S. Shah, CJ.)
(Sengupta, J.)
SN
Asst.Registrar(CR)