Soham Cold Storage Pvt Ltd vs Unknown

(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This appeal is ADMITTED on the following substantial question of law:

Whether the Tribunal below committed substantial error of law in giving depreciation on cold-storage building at the flat rate of 25% by totally overlooking the Old Appendix-I in connection with Rule 5 of the Income Tax Rules which prescribes 10% depreciation for the building portion and 25% for the portion of plant and machinery.

Let this appeal be heard along with Tax Appeal No. 2551 of 2010 which is admitted on 1st February 2012 in respect of the selfsame assessee's previous Assessment Year.