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2020 (10) TMI 1352 - AT - Income TaxDepreciation on assets leased out under finance lease agreement - Depreciation on the opening written down value (ANDV) of the block of assets leased out under finance lease arrangement - HELD THAT:- As in Assessment Years 2011-12 and 2013-14 in assessee’s own case, [2019 (6) TMI 660 - ITAT BANGALORE] the Tribunal has restored back similar matter to the file of AO for a fresh adjudication with a direction to the AO to examine the arguments entered into by the assessee in light of decision of Hon’ble Apex Court rendered in the case of ICDS Ltd. [2013 (1) TMI 344 - SUPREME COURT] and he pointed out Tribunal order are relevant in this regard and he submitted a copy of this Tribunal order. He submitted that in the present year also, this issue should be restored back to the file of AO with similar directions. TP adjustment - This is the submission of the learned AR of the assessee before us that in Assessment Years 2010-11 and 2011-12 similar matter is pending before DRP but since we are restoring back the Corporate Tax issue to the file of AO for a fresh decision, we feel it proper to restore back this TP issue in the present year also to the file of AO for a fresh decision and the AO is directed to decide the TP issue in line with the final decision of AO as per the direction of DRP in Assessment Years 2010-11 and 2011-12.
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