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2019 (9) TMI 100 - AT - Income TaxCorrect head of income - rent receipt - business receipts OR House Property income - disallowing 30% of standard deduction - HELD THAT:- We are in agreement with the findings of the CIT(A) that principles of res judicata are not applicable to income tax proceedings and that each year has to be treated as such. Further we do not see any infirmity in the findings recorded by the CIT(A) holding receipts from Stargaze was business receipts and we uphold the same. Depreciation of building, depreciation on assets (pro rata basis) and common expenses (pro rata basis) - Assessing Officer shall calculate the depreciation on the area occupied by Stargaze and allow depreciation on building at the rates applicable. Similar exercise may be done for depreciation on assets (now held to be business assets) and other common expenses (now to be held as business expenses) after ascertaining their linkage with the running of the cinema hall. As regards the issue of carry forward of depreciation and business loss, it is held that no such claim has been made by the appellant and therefore, no such determination has been made in the past in terms of the provisions of section 32 (2) and 72. No claim at this stage can be adjudicated in terms of the ratio of the judgement of the Apex Court in the case of Goetze (India) Ltd. v CIT [2006 (3) TMI 75 - SUPREME COURT] which held that appellant-assessee cannot make a claim for deduction other than by filing a revised return - Decided against assessee
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