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2023 (4) TMI 813 - AT - Income TaxAssessment of trust - Depreciation claim - show cause notice called for the information from the assessee so as to prove that whether the assessee has in earlier claimed the capital expenditure on which the depreciation is claimed and assessee has not filed any details the same was denied - HELD THAT:- AR was not sure whether the reply of the said information was filed or not. As regards the alternate claim of the assessee so as to allow the claim of capital expenditure incurred in the current year as application of income, we concur with the arguments of the ld. DR that even the ld. CIT(A) cannot allow the alternative plea without submitting any details before him. Here also ld. AR failed to demonstrate as to whether this pleas was supported with any other details / information before the ld. CIT(A) or not. In absence of these information, we do not find any faults in the finding of the lower authorities. However, we have acceded the request of the ld. AR of the assessee to allow one more opportunity to the assessee so as deal the case of the assessee on its merits and therefore, in the interest of justice we consider the request of the assessee and restore the matter to the file of the assessing officer to decide the issue in accordance with law. Appeal of the assessee is allowed for statistical purpose.
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