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2013 (2) TMI 319 - AT - Income TaxAdditional claims before the appellate authorities - Return under section 139(1) was filed belatedly - Whether the assessee makes a claim of depreciation or not in his return of income, the A.O. is duty bound to grant depreciation allowance by virtue of Explanation 5 to section 32(1) of the Act - The claim of depreciation was not made in the original return filed, therefore assessee files revised return during course of assessment proceeding u/s 143(3) – Held that:- No doubt, the revised return cannot be taken cognizance of since the original return was filed belatedly. However, an additional claim could be made before the appellate authority and the appellate authority is duty bound to consider the same. The assessee is entitled to raise additional grounds, not merely in terms of legal submissions but in respect of new claim not made in the return filed. The CIT(A) has not examined the issue in correct perspective taking into consideration the Explanation 5 to section 32(1) of the Act and the Board’s Circular No.14 (XI-35) of 1955, dated April 11, 1955. CIT(A) has to be decide as to whether the asset on which depreciation is claimed is a business asset and if so, to allow the claim of the assessee in accordance with law. Remand back to revenue
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