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2012 (10) TMI 358 - AT - Income TaxDepreciation on P&M claim at lessor rate than eligible Assessee wrongly claim depreciation at lessor rate in 3CD - AO had also disallowed the claim on the basis of Tax audit report CIT(A) upheld the same on the basis of Goetze (India) Ltd and state that assessee had to alter its claim, he should have filed a revised Form 3CD, which was not done:- Held that:- As per the provision of sec. 32(1) & 32 (1) (i) depreciation as per mention in act shall be allowed whether claim by assessee or not. Since the assessee had only sought to claim a higher rate of depreciation then claimed, no revised return of income was required to be filed. Therefore grievance of the assessee in this regard is justified and is accepted as such. Appeal allowed in favour of assessee Trial production v/s commercial production Matter decided on the basis of relevant books of accounts and production records which are not produced by assessee Held that:- As the matter has not be examined by the lower authorities in its proper perspective, Therefore, restore the matter to the file of the AO for deciding the issues raised. Decision case remand back to AO
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