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2017 (7) TMI 1408 - AT - Income TaxReopening of assessment u/s 147 - disallow the set off of unabsorbed depreciation claimed from 1998-99 onwards - no business was carried on by the assessee for the AY 1999-2000 to AY 2009-10 and therefore, the unabsorbed depreciation for the above said period could not be carried forward and set off for future years - Whether claim of depreciation is allowable for both “active” and “passive” use of the asset including an asset that is in ready-for-use condition? - HELD THAT:- The factual finding of the CIT(A) that the asset in question was not kept ready for use condition and there was no passive use of the same for the assessment years 1999-2000 to 2009-10, has not been dispelled by the assessee by placing any contrary evidence before the Tribunal. Therefore,we confirm the order of the CIT(A). Assessee’s contention that the CIT(A) has exceeded his jurisdiction by giving direction to the Assessing Officer to make remedial measures to withdraw set off unabsorbed depreciation for the assessment year 2010-11 and the assessment years 2012-13 onwards, we are of the view the assessee has to challenge the order of the Assessing Officer when remedial measures are taken by AO for the respective AY 2010-11 and AY’s 2012-13 onwards. The Tribunal has to confine itself to examination of the issue concerning the current year, namely AY 2011-12. - Decided against assessee.
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