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2015 (6) TMI 810 - DELHI HIGH COURTClaim for depreciation - AO disallowed this on the ground that the assessee was unable to demonstrate that the machinery claimed to have been used by it was in fact owned or acquired by assessee for its business - ITAT allowed claim - Held that:- It is a matter of record that for AY 2006-07 and 2007-08, the assessments were completed under Section 143(3) after due enquiries were conducted by the AO. There is nothing on the record to suggest that those were either erroneous or based on premises which did not disclose relevant details. The revenue’s attempt in reopening the assessment of subsequent year 2009-10, by relying upon statement of one of the sub-distributors also failed because the said concern, M/s Best & Company, in fact confirmed the assessee’s contention. Given the factual nature of these findings, the Court is of the opinion that no substantial question of law arises for consideration.
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