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2016 (7) TMI 1528 - AT - Income TaxRe-assessment order passed u/s. 147 - depreciation at 40% on wheel loaders and wheel graders - CIT-A accepted reopening on the same set of facts after completion of assessment u/s. 143(3) amounts to change of opinion and hence bad in law - CIT(A) directing depreciation at 40% on wheel loaders and wheel graders as against depreciation at 25% allowed by the AO - HELD THAT:- As seen from the assessment order passed u/s. 143(3) originally, AO has considered the claim of depreciation and made certain disallowances out of various depreciation claims made in the schedule. It indicates that AO found the claim of 40% depreciation on the above said vehicles appropriate and allowed the same. Since there is specific discussion on the depreciation claims in the first assessment order, allowance of 40% depreciation by the AO certainly indicates that he has consciously allowed the depreciation at that rate after due examination. Therefore, any opinion by the subsequent AO to restrict the same to 25% is a change of opinion, which is not permitted under the provisions of law. Moreover the wheel loaders and Graders are Motor vehicles and is certainly eligible for depreciation at 40% as per schedule and the case law on the subject. No reason to interfere with the well reasoned order of the CIT(A), both on the issue of reopening and as well as allowance of depreciation at 40% on wheel loaders. For these reasons, uphold the order of CIT(A) and reject the grounds of Revenue.
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