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2019 (7) TMI 1391 - HC - Income TaxReopening of assessment u/s 147 - Incorrect claim of depreciation - use less than 180 days - HELD THAT:- The original assessment proceedings were under Section 143(3) of the Act. As held by the ITAT that in the original assessment proceedings itself the issue concerning claim of depreciation had been thoroughly examined by the AO and therefore there was no failure on the part of the Assessee to disclose fully and truly all the material facts relevant for the assessment. ITAT noted that in the order re-opening the assessment, the AO referred to the documents already produced in the course of the original assessment proceedings and inferred that the proportionate amount of depreciation should have been disallowed because of de-leasing of certain assets and claim of depreciation on new assets that were used for less than 180 days. Accordingly, the ITAT concurred with the CIT (A) that this was a mere change of opinion on the part of the AO. The Court is not persuaded that any legal error has been committed by the ITAT in the impugned order. No substantial question of law - Decided against revenue.
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