IN THE HIGH COURT OF PUNJAB AND HARYANA AT (201) Commissioner M/s Haryana Vidyut Prasaran Nigam Ltd. CORAM: Present: LISA GILL, J. (Oral) 1. 04.08.2005 passed by learned Bench ‘A’, Chandigarh. appeal reads as under: 2. relief to the respondent Court in C.I.T. was filed with the challenging said verdict. by present appellant/ IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Commissioner of Income Tax, Panchkula. Versus M/s Haryana Vidyut Prasaran Nigam Ltd. HON’BLE MRS. JUSTICE LISA GILL HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Saurabh Kapoor, Advocate for appellant. Mr. Sanjeev Kashik Advocate and Ms. Manreet Kaur, Advocate for respondent **** LISA GILL, J. (Oral) This appeal has been filed for setting aside order dated 04.08.2005 passed by learned Income-tax Appellate Tribunal, Chandigarh Bench ‘A’, Chandigarh. Question of law as formulated in the grounds of appeal reads as under: “On the facts and in the circumstances of the case, whether the ld. ITAT was right in law in allowing carry forward of depreciation of the earlier years, when as per Section 32(2) it is to form part of the depreciation of the succeeding year, and when the depreciation for the succeeding year has not been allowed to be carried forward as the valid return was allowed under Section 139(1) of the Act?” Learned counsel for appellant submits that Tribunal granted relief to the respondent-assessee on the basis of judgment of this High C.I.T. Vs. Haryana Hotels Ltd., (2005) 276 with the averment that an appeal has been filed by the Department challenging said verdict. It is further informed that SLP No.4468/2 by present appellant/Department impugning IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA-28-2006 Date of Decision:-07.04.2025 ……Appellant ……Respondent HON’BLE MRS. JUSTICE LISA GILL HON’BLE MR. JUSTICE ALOK JAIN Mr. Saurabh Kapoor, Advocate for appellant. Mr. Sanjeev Kashik Advocate and Ms. Manreet Kaur, Advocate for respondent-HVPNL. This appeal has been filed for setting aside order dated tax Appellate Tribunal, Chandigarh Question of law as formulated in the grounds of “On the facts and in the circumstances of the case, whether the ld. ITAT was right in law in allowing carry forward of the unabsorbed depreciation of the earlier years, when as per Section 32(2) it is to form part of the depreciation of the succeeding year, and when the depreciation for the succeeding year has not been allowed to be carried forward as the valid return was not filed within the time allowed under Section 139(1) of the Act?” Learned counsel for appellant submits that Tribunal granted assessee on the basis of judgment of this High Vs. Haryana Hotels Ltd., (2005) 276 ITR 521. This appeal that an appeal has been filed by the Department It is further informed that SLP No.4468/2006 filed Department impugning decision in Haryana Hotels ……Appellant ……Respondent This appeal has been filed for setting aside order dated tax Appellate Tribunal, Chandigarh Question of law as formulated in the grounds of “On the facts and in the circumstances of the case, whether the ld. the unabsorbed depreciation of the earlier years, when as per Section 32(2) it is to form part of the depreciation of the succeeding year, and when the depreciation for the succeeding year has not been allowed to be not filed within the time Learned counsel for appellant submits that Tribunal granted assessee on the basis of judgment of this High This appeal that an appeal has been filed by the Department 006 filed Manju 2025.04.09 16:06 I attest to the accuracy and integrity of this document ITA-28-2006 (supra), has been dismissed for non has attained finality and stands covered in above said decision. raised is answered in favour of assessee. 3. the specific decision of this High Court in C.I.T. Vs. Haryana Hotels Ltd., (2005) 276 ITR 521. April 07, 2025. manju Whether speaking/reasoned: Whether Reportable: 006 has been dismissed for non-prosecution on 12.12.2006. has attained finality and stands covered in favour above said decision. It is submitted that question of law as sought to be answered in favour of assessee. Keeping in view the facts and circumstances of the case and the specific stand of the appellant, this appeal is dismissed in view of decision of this High Court in C.I.T. Vs. Haryana Hotels Ltd., (2005) 276 , 2025. Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -2- prosecution on 12.12.2006. The matter favour of the assessee, in view of It is submitted that question of law as sought to be Keeping in view the facts and circumstances of the case and the appellant, this appeal is dismissed in view of decision of this High Court in C.I.T. Vs. Haryana Hotels Ltd., (2005) 276 (LISA GILL) JUDGE (ALOK JAIN) JUDGE The matter in view of It is submitted that question of law as sought to be Keeping in view the facts and circumstances of the case and the appellant, this appeal is dismissed in view of decision of this High Court in C.I.T. Vs. Haryana Hotels Ltd., (2005) 276 Manju 2025.04.09 16:06 I attest to the accuracy and integrity of this document