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2014 (9) TMI 198 - AT - Income TaxMiscellaneous application Rectification of mistake u/s 154 Held that:- As such there is no apparent mistake in the Tribunal order as alleged by the assessee relying upon Steel Containers Ltd. Vs Commissioner of Income-tax [1974 (11) TMI 10 - CALCUTTA High Court] - though the powers of the Tribunal may be said to be limited to the subject matter of the appeal before it but the Tribunal is competent to pass such orders on appeal as it thinks fit - there is nothing in the Act which restricts the Tribunal to the determination of the questions raised before the departmental authority - all questions whether of law or of facts, which related to the assessment of the assessee might be raised before the Tribunal - the Tribunal can uphold the disallowance under another section - the Tribunal has upheld the disallowance of depreciation on the basis that the AO has already allowed the depreciation in respect of total assets which the assessee has acquired as per the assets shown by the assessee in the balance sheet as on 04/11/2004 (post acquisition) and, no extra depreciation over and above these assets is allowable to the assessee - The basis of disallowance by the AO may be different but still such disallowance can be upheld by the Tribunal on the basis that since the AO has allowed depreciation on the total assets acquired by the assessee company post acquisition, no more depreciation is allowable to the assessee over and above the depreciation already allowed by the AO - there is no apparent mistake in the decision of the Tribunal the order of the Tribunal is upheld Decided against assessee.
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