The Pr. Commissioner Of Income Tax - 6 v. Indokem Ltd

11 itxa477-18.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2023.07.11 10:25:39 +0530 TRUSHA TUSHAR MOHITE ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.477 OF 2018 Pr.Commissioner of Income Tax-6 ..... Appellant Vs.

Indokem Ltd.

..... Respondent Mr.Suresh Kumar for the Appellant Mr.Nitesh Joshi a/w Mr.Sameer Dalal for the Respondent

CORAM:

K.R. SHRIRAM, J & FIRDOSH P. POONIWALLA, J.

DATED :

5TH JULY 2023 P.C.

1.

Mr.Suresh Kumar states that the issue in this Appeal is covered by the order of the Apex Court in the case of Principal Commissioner of Income-tax, Vadodara 1 vs. Petrofils Co-operative Ltd.1 which upheld the order dated 05.03.2018 passed by the Gujarat High Court between the same parties.2 2.

Mr.Suresh Kumar also states that Bombay High Court also, in the case of Commissioner of Income Tax vs. Hindustan Unilever Ltd.3, has taken the same view that depreciation should be allowed to be carried forward.

(2021) 130 Taxman.com 191 SC (2021) 130 Taxman.com 190 (2017) 394 ITR 73 (Bom) Mohite 1/2

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We also find support in the case of General Moors India Pvt. Ltd. vs. Deputy CIT4.

4.

Appeal is therefore, disposed.

(FIRDOSH P.POONIWALLA, J.) (K.R. SHRIRAM, J.) (2013) 354 ITR 244 (Guj) Mohite 2/2