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2019 (2) TMI 637 - ITAT DELHIReopening of assessment - addition on account of disallowance of depreciation - Held that:- For AY 2002-03 the assessment is reopened by issue of notice u/s 148 of the Act beyond four years from the end of the assessment years in which the original assessment was completed. The reasons recorded clearly shows that the claim of the assessee of depreciation was the reason for reopening of the assessment. It is appreciation of the same evidences which were there along with the return of income. No new tangible material was stated to have come into the possession of AO. In absence of any tangible material for reopening of the assessment we do not find any reason to reverse the decision of the ld CIT(A) wherein, he has quashed the reopening of assessment proceedings. - Decided against revenue Disallowance of depreciation - ownership with other people - Held that:- it is apparent that out of the total cost of ₹ 940030383/-, 54.13% amounting to ₹ 508621383/- belongs to the assessee and 45.87% amounting to ₹ 431409000/- belong to Bharti Mobile Ltd. The assessee has claimed depreciation only on ₹ 508621383/- as held by the ld CIT(A) and not on the full amount of ₹ 940030383/-. The ld Departmental Representative also could not show that the assessee has claimed depreciation on the assets beyond his share of ownership. In view of this we do not find any infirmity in the order of the ld CIT(A) and dismiss - Decided against revenue
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