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2013 (1) TMI 674 - ITAT HYDERABADAssessee contended that The order appealed against, though made in pursuance to a section 263 order, is nevertheless an assessment under section 143(3) and, accordingly, the first appeal there-against would lie only before the first appellate authority – Held that:- in no uncertain terms, that even though the assessment under reference is titled as an assessment under section 143(3) read with section 263 of the Act, the same is in essence and substance only an order giving effect to the revisionary order, inasmuch as the ld. CIT has given clear directions to the assessing authority for carrying out specific additions/disallowances, leaving no room for verification or adjudication by the assessing authority. - CIT(A) has no power to hear appeal against such orders. Depreciation – Claim of higher depreciation - Assets used to running them on hire - The assessee having claimed it at 40%, i.e., as against the normal 25% – Held that:- The assessee admittedly letting out tractors, i.e., presuming so, only when the same are not required for its construction purposes, no case for charge of depreciation at the higher rate on own tractor/s, is, under the circumstances made out for us to interfere with the order – In favour of revenue Deduction in respect of Sales Tax – Assessee paid Rs 40.53 lakhs as sales tax – Paid excess of Rs. 5.91 lakhs adjusted against liabilities against earlier years - Held that:- Under the circumstances, and in the interest of justice, we, therefore, only consider it fit and proper to restore the matter back to the file of the A.O. to undertake the necessary examination and verification, and decide the issue on the basis of the facts determined by him in accordance with law - Remand back to AO Addition on account of Retention money - Retention of a part of the value of a contract sub-contracted by the assessee to another - assessee had shown retention of the stipulated 8% - additional work done by the sub-contractor – Held that:- TDS certificate/s is issued for the total value of the contract (Rs.194.75 lakhs), the assessee could recognize income in its accounts only for the value for which work is certified, and for which it can be claim to be paid. unable to say as to how and on what basis ld. CIT has found the impugned amount to be unaccounted for, directing for its addition. In our view, that survives the assessee’s explanation, however, is if the amount claimed by way of TDS is on the entire amount of Rs.194.75 lakhs, i.e., for which the TDS certificate stands issued to it, or is restricted to the amount proportionate to the amount accounted and claimed by it as its income for the year, i.e., Rs.179.31 lakhs. In favour of assessee
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