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2019 (6) TMI 1222 - GUJARAT HIGH COURTReopening of assessment u/s 147 - Disallowance of claim of depreciation of wind power generation unit - notice issued beyond a period of four years from the end of the relevant assessment year - HELD THAT:- As during the course of scrutiny assessment, the Assessing Officer had examined this issue threadbare and had accepted the assessee’s submission and allowed the depreciation on wind mill. Therefore, the Commissioner (Appeals) was wholly justified in holding that the reopening was invalid as it was based upon a mere change of opinion. The notice u/s 148 had been issued beyond a period of four years from the end of the relevant assessment year and the Commissioner (Appeals) has recorded a finding of fact to the effect that there was no failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment for the year under consideration. On behalf of the appellant nothing has been pointed out to dislodge the concurrent findings of fact recorded by the Commissioner (Appeals) and the Tribunal nor has it been pointed out that the Tribunal has placed reliance upon any irrelevant material or that any relevant material has been ignored. Conclusion arrived at by the Tribunal being based on concurrent findings of fact upon appreciation of the material on record, no infirmity can be found in the finding recorded by the Tribunal that the reopening of assessment was invalid. Claim for depreciation - power generation unit having started its production in March, 2006 - HELD THAT:- The Tribunal as well as the Commissioner (Appeals), have found that the relevant evidence was produced by the assessee on record to establish that the operation of the wind mill had commenced prior to 31.3.2006 and consequently, the assessee was entitled to depreciation on windmill. - Decided in favour of assessee.
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