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2021 (9) TMI 167 - AT - Income TaxDisallowance on proportionate basis u/s 14A - assessee company received divided income on various investments made in earlier years which was claimed as exempt income - suo motu disallowance made by assessee - HELD THAT:- As in OSWAL WOOLEN MILLS LTD. [2019 (7) TMI 1601 - ITAT CHANDIGARH] decided the said issue in favour of the assessee holding that there is no defect in the suo motu disallowance computed by the assessee on proportionate basis except certain portion of tax relating to the personal expenditure and allowances which were not taken into consideration. Since the coordinate Bench has allowed the identical ground of appeal in the group company case, we do not find any reason to take a different view. However, in our considered view, the computation submitted by the assessee in this case needs to be verified by the AO to ascertain whether the assessee has computed the same in accordance with the observations made by the coordinate Bench in the said case and in case any defect is found to determine the same afresh after affording a reasonable opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes. Additional depreciation - number of days asset put to use - addition being balance 10% on the cost of machinery which was put to use for less than 180 days - AO rejected the claim of the assessee holding that there is no provision in the statute regarding carry forward of the additional depreciation - HELD THAT:- Tribunal has decided the identical issue in favour of the assessee in the case of ACIT vs. M/s Nahar Spinning Mills Ltd. [2020 (11) TMI 1010 - ITAT CHANDIGARH] allowing the claim of additional depreciation to be carried forward which had not been claimed in the return of income. - Decided in favour of assessee.
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