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2022 (6) TMI 1272 - AT - Income TaxRevision u/s 263 - claim of depreciation at higher rate/higher rate for claim of additional depreciation - HELD THAT:- The assessee has not provided the details relevant to the assets, which it is claiming as part of plant & machinery. The assessee itself accepted that electrical installation are chargeable to depreciation @ 10%, but claimed the same at higher rate of depreciation. Onus is on the assessee to explain and prove the same with detail about such claim. Since no such specific reply was given by the assessee, the enquiry made by the ld. AO remained incomplete and it ought to have been addressed in the assessment order and Ld. AO should not have allowed the assessee’s claim without examining the issues. This factual aspect remains unverified. Assessee merely kept referring to the decision that an enquiry was made by the ld. AO and section 263 should not have been invoked. We, however, find no merit in the contention of the ld. Counsel for the assesse with regard to the issue of claim of depreciation on electrical installation because though the inquiry was initiated, but the same was incomplete as the assessee did not reply to it in the way it ought to be. Therefore, in real terms, there was no enquiry on the said issue. We, therefore, confirm the findings of the ld. PCIT on the said issue of excess claim of depreciation on electrical installation and dismiss the grounds raised by the assessee challenging the validity of the order passed u/s. 263 of the Act on this issue. - Decided against assessee.
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