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2021 (5) TMI 202 - AT - Income TaxAdditional depreciation not claimed in the original return or not claimed through revised return, but, was claimed during the course of assessment proceedings - HELD THAT:- As per the decision in the case of M/s Goetze (India) Ltd. vs. CIT [2006 (3) TMI 75 - SUPREME COURT] the decision was limited to the powers of the assessing authority and does not impinge on the power of the Income-tax Appellate Tribunal u/s 254. We, therefore, direct the AO to adjudicate the issue of additional depreciation which was not claimed by the assessee either in the original return or during the revised return on the basis of the fact and law after giving due opportunity of being heard to the assessee. We hold and direct accordingly. The grounds raised by the assessee are accordingly allowed for statistical purposes.
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