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2015 (6) TMI 364 - AT - Income TaxAdditions on account of consumption of electricity - CIT(A) deleted the addition - Held that:- The Assessing Officer has neither made comparative analysis of consumption of electricity with identical cases nor has he made any comparative analysis with the assessee’s own case for the earlier years, thus, there was no justification in making the addition of ₹ 5 lakhs on ad-hoc basis. First Appellate Authority has rightly deleted the addition in dispute by giving very much logical reason as above. - Decided against revenue. Additions on account of provision for gratuity and leave encashment under Section 43B - the assessee has claimed that by mistake it has added back excess sum - Held that:- in the computation sheet of income, the assessee had added back ‘gratuity’ and ‘leave encashment’ at ₹ 22,85,832/- and ₹ 21,22,298/- respectively on account of un-paid liability in view of the provisions of Section 43B of the Act. He again held that the assessee had simply asked for adopting the correct figures which in fact was only a prayer to rectify a mistake apparent on record and it did not amount to lodging of a fresh claim and he deleted the addition in dispute, as pointed out in the revenue appeal. We are of the view that the findings given by the learned First Appellate Authority is very much as per law, therefore we are fully agree with the same by upholding the impugned order on this very issue - Decided against revenue. Additional depreciation claimed under Section 32(1)(iia) on plant and machinery - Held that:- First Appellate Authority has wrongly rejected the claim of the assessee by upholding the findings of the Assessing Officer. As a matter of record, the assessee made the claim in dispute during the assessment proceedings and the same cannot be simply rejected on the ground that the assessee should have filed the revised return, which the assessee has not filed within time. Thus set aside the issue in dispute to the Assessing Officer with the direction that the claim for addition of depreciation on plant of machinery amounting to ₹ 6,29,28,039/- filed by the assessee in its reply dated 29.11.2011 may be allowed, if the assessee fulfils the condition enumerated under Section 32 of the Act. - Decided in favour of assessee for statistical purposes.
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