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2016 (7) TMI 747 - AT - Income TaxRevision u/s 263 - allowability of additional depreciation u/s 32(1)(iia) - Held that:- It is undisputed that no opportunity was afforded to the assessee in the instant case before us by the ld CIT to address on the aspect of ‘lack of enquiry’ on the allowability of claim of additional depreciation. We hold that the ld CIT in concluding that lack of enquiry with regard to allowability of additional depreciation on the part of the ld AO would automatically make the order of ld AO erroneous and prejudicial to the interest of the revenue, is palpably illegal in the facts and circumstances of the case in as much as no opportunity of hearing was given to the assessee in that regard. - Decided in favour of assessee
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