(Appeals from the judgment and order, dated 14th December, 1979, of the Gauhati High Court in Income Tax Reference No. 16 of 1978).

Income-tax---

---Depreciation---Registered firm---Unabsorbed depreciation allocated to partners not fully set off in their assessments---Firm entitled to carry forward balance of unabsorbed depreciation- Indian Income Tax Act, 1961, Ss.32, 72, '3 & 75.

Against the decision of the Gauhati High Court in CIT v. Singh Transport Co. (1980) 123 ITR 698 to the effect that the unabsorbed depreciation of a registered firm for the preceding assessment years allocated to its partners, not wholly set off in their respective assessments, should be brought back for computation of the total income of the firm in the subsequent years, as if the balance after set-off were the firm's unabsorbed depreciation, the Department preferred appeals to the Supreme Court and the Supreme Court dismissed the appeals.

Garden Silk Weaving Factory v. CIT (1991) 189 ITR 512 (SC) fol.

CIT v. Singh Transport Co. (1980) 123 ITR 698 affirmed.

Ms. A. Subhashini for Appellant.

N.R. Chaudhry for Respondent.

JUDGMENT

These appeals are covered by the pronouncement of this Court in Garden Silk Weaving Factory v. CIT (1991) 189 ITR 512. For the reasons stated in and following the said pronouncement, these appeals are dismissed, but without any order as to costs.

M.B.A./2300/TAppeals dismissed.