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2010 (11) TMI 675 - AT - Income TaxDepreciation - SLM or WDV - this issue to be squarely covered in favour of the assessee by the decision of the ITAT in assessee's own case for A.Y.2002-03 vide ITA No.1221/Ahd/2006 dated 3-3-2009 - Held that: As regards claim of depreciation of WDV basis as against claimed allowed as per SLM basis as per original return, ld.counsel for the assessee submitted that the assessee can alter the claim of depreciation by filing revised return - Appeal is allowed Regarding disallowance u/s 14A - ITAT has considered identical issue in assessee's own case for A.Y.2002- 03 and 2003-04 and has set aside the same back to the file of the AO - Appeal is allowed by way of remand to AO Regarding disallowance of prior period expense - Since the assessee is following mercantile system of accounting, they were asked to explain reasons and justification of debiting the P and L A/c of current year with the expenditure pertaining to earlier years as mentioned in the Tax Audit Report - it is evident that before the AO the assessee produced the details of only Rs.19,24,046/-. Even in respect of such details the claim of the assessee was vague because the assessee mentioned that these expenditure were either crystallized/settled during the year or were allowable on cash basis as per Section 43B of the Income Tax Act - Appeal is allowed by way of remand to AO Regarding purchase of power - this issue is covered in favour of the assessee by the decision of the ITAT in assessee's own case for A.Y.2003-2004 (supra) - The mere fact that the assessee has disputed the bill amount does not empower the Assessing Office to disallow the claim in full. The dispute is in respect of quantum only and not in respect of actual use of Electricity for business purposes of the assessee - Decided in favour of the assessee
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