(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1.0 We have heard Mr. M. R. Bhatt learned senior counsel for Mrs. Mauna Bhatt for the Revenue and Mr. S. N. Soparkar learned senior counsel for Mrs. Swati Soparkar, learned counsel for the assessee.
2.0 Admit.
3.0 We formulate the following substantial question of law.
"[A] Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to recompute the book profit u/s.115JA of the Act, after considering additional depreciation of Rs. 2 crores?
[B] Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to consider Rs.66,14,983/- as revenue expenditure out of total disallowance of Rs.76,79,481/- as capital expenditure?
[C] Whether the Appellate Tribunal is right in law and on facts in directing to allow depreciation of Rs.73,300/- even though no proof was produced before the Assessing Officer and CIT(A)?"
4.0 Paper-book be ready within three months.
[V.
M. SAHAI, J.] [N.
V. ANJARIA, J.] Amit Top