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2013 (12) TMI 1363 - AT - Income TaxValidity of order u/s 263 - Revision by CIT - Erroneous and prejudicial to revenue order - Held that:- Following assessee's own case for the A.Y. 2004-05 - The deprecation claimed by the assessee has been accepted by the Assessing Officer - The items are in the same block and hence, depreciation cannot be disallowed this year - the Revenue cannot be allowed to change its view with regard to a fundamental aspect of a transaction taken in earlier assessment year unless it is able to demonstrate a change in circumstances in the subsequent assessment year - The respondent cannot under Sec.263 interfere on an issue which has been accepted by the Revenue for a number of years particularly when the Assessing Officer in the assessment order for the assessment year 2006-07 takes the same view by terming it erroneous as the respondent is able to demonstrate a change in circumstances in the said assessment year - Decided in favour of assessee.
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