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2012 (5) TMI 130 - AT - Income TaxPower of Commissioner took cognizance under sec. 263 Held that:- AO has issued a questionnaire for information in respect of installation of wind turbine plant and the assessee has given the reply producing all relevant documents indicating the installation of the wind turbine plant meant for generation of electricity - The assessment order passed subsequent to passing of 263 order by the Learned Commissioner certain facts noticed in this subsequent orders held that Assessing Officer has not applied his mind analytically in the original assessment proceedings - according to the Learned Commissioner, the replies do not contain complete details and AO has time to frame the assessment order but without conducting any proper inquiry, passed the assessment order - information supplied by the assessee on the power purchase agreement though were on the record but they were not looked into by the AO - it cannot be inferred that Assessing Officer has applied his mind and thereafter accepted the claim of the assessee for grant of depreciation - Commissioner set aside the order of the AO directing to conduct a fresh inquiry no error in the order of Learned Commissioner against assessee.
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