2023 (3) TMI 775 - AT - Income Tax

Disallowance of depreciation claimed - adjustment made by the assessing authority’s order u/s 143(1) - The main contention of the assessee is that the assessee has never claimed any exemption on cost of purchase of the asset - HELD THAT:- The assessment order is also silent on this aspect. Considering the above said fact, remit the matter back to the file of the AO to examine whether the assessee has claimed any exemption on cost of purchase of the asset, If the assessee has not claimed any exemption, then the assessee is entitled for depreciation. AO is directed to give opportunity of being heard to the assessee.