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2022 (1) TMI 825 - AT - Income TaxDisallowance of depreciation - adjustments in the intimation under section 143(1) - Whether adjustments in the intimation under section 143(1) ? - HELD THAT:- In the case on hand, the disallowance of depreciation was made in the intimation processed under section 143(1) of the Act which is not a kind of adjustment as discussed above. The issue of depreciation being debatable cannot be subject matter of disallowance in the intimation under section 143(1) of the Act. In holding so we draw support and guidance from the judgment of CIT vs. Mahesh kumar Rathod [2006 (11) TMI 177 - GUJARAT HIGH COURT]. Also all the details of the assets viz a viz depreciation were duly furnished in the income tax return. The major part of the depreciation claimed by the assessee in the year under consideration was pertaining to the opening written down value which cannot be disturbed in the year under consideration. CIT (A) in the immediate preceding A.Y. and immediate subsequent A.Y i.e. A.Y. 2016-17 and A.Y. 2018-19 has also allowed the depreciation claimed by the assessee with respect to the assets which were shown for the assessment year under consideration. Decided in favour of assessee.
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