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2017 (3) TMI 270 - HC - Income TaxMAT computation - disallowing the deduction of accumulated unabsorbed depreciation of earlier years while computing the book profit u/s 115JB - Held that:- As for A.Y 2009-2010, the Assessing Officer allowed deduction of alleged accumulated unabsorbed depreciation of earlier years and computed the book profit for the purpose of Section 115JB of the Act accordingly. It is required to be noted that assessment for A.Y 2009-2010 was a scrutiny assessment under Section 143 (3) of the Act. A similar treatment was given by the Assessing Officer for Assessment Year 2011-2012. It is not in dispute that the aforesaid assessments for Assessment Years 2009-2010 and 2011-2012 have attained finality. Despite the above, in the subsequent Assessment Year 2012-2013, the Assessing Officer has taken a contrary view which has been confirmed by the learned CIT [A] by observing that each assessment year is a distinct year and therefore, the principle of res judicata shall not be applicable. It is required to be noted that the question in the earlier years was also with respect to the similar/same deduction of alleged accumulated unabsorbed depreciation of earlier years, which came to be allowed by AO while computing the book profit for the purpose of Section 115JB of the I.T Act. It was not the case on behalf of the Assessing Officer and even before this Court, it is not the case of the Revenue, that there are change in circumstances with respect to the year under consideration and with respect to A.Y 2009-2010 and/or A.Y 2011-2012. Thus in absence of any change in the circumstances, it was not open for the Assessing Officer to take a different view in the subsequent assessment years. SEE M/s. Dalmia [2015 (9) TMI 1247 - SUPREME COURT] wherein dismissed/disposed of the appeal preferred by the Revenue on the ground that consistency does demand that there being no change in the circumstances, the income for the year under consideration will have to be treated business income, as per the previous years. - Decided in favour of assessee
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