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2008 (11) TMI 233 - HC - Income TaxPeriod of limitation – draft assessment order – depreciation – held that - that when depredation is not claimed, it cannot be “allowed” - When the original return is withdrawn and revised return is filed, there is no basis on which depreciation can be taken note of. So, the taxation is the consequence of imposition of depredation, which is not permissible. So, he cannot take advantage of something that he cannot do and then say that since this is prejudicial to the assessee, he will take advantage of the extended period of limitation - Any variation which is illegal or impermissible will cause prejudice per se. No one can take advantage of one’s own illegal act or an act which is not legally sustainable. - the invocation of section 144B is impermissible - if Parliament intended that imposition of any variation which is prejudicial to the assessee gave the ITO the power to invoke the provisions of section 144B, then it need not have included the words “in the income or loss returned”. It would have been sufficient to merely say “any variation which is prejudicial to the assessee”.
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