IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITR No. 170 of 1989 (O&M) The Commissioner of Income Tax, Patiala ....Appellant vs M/s. Industrial Cables (India) Limited Rajpura ...Respondent Coram: Hon'ble Mr. Justice Adarsh Kumar Goel Hon'ble Mr. Justice Rajesh Bindal Present: Mr. Tejinder K. Joshi, Advocate for the appellant. Mr. Pankaj Jain, Advocate, for the respondent. Rajesh Bindal, J. The Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh (hereinafter to be referred as “the Tribunal”) on direction of this court has referred the following question of law for opinion under Section 256 (2) of the Income Tax Act, 1961 (for short, “the Act”) arising out of its order dated 15.5.1986 in R. A. No. 138 of 1986 arising out of I. T. A. No. 900 of 1984, in respect of the assessment year 1978-79:- “1. Whether on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in allowing initial depreciation on cooperative store and dairy which items have not been specifically mentioned in section 32 (1) (iv) of the Income Tax Act, 1961?” A perusal of paper-book shows that the amount of depreciation involved in the present case is merely ` 12,966/-, as referred to in para 8 of the order by the Commissioner of Income Tax (Appeals), Chandigarh. The tax effect will further be quite meager and the assessment year is 32 years old. Considering the aforesaid facts, we return the question unanswered. The reference is disposed of accordingly. (Rajesh Bindal) Judge 24.9.2010 (Adarsh Kumar Goel) vs Judge