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2019 (5) TMI 340 - AT - Income TaxRevision u/s 263 - additional depreciation u/s 32(1)(iia) - apprehension of the assessee that various observations are made which make it obligatory on the part of the AO to disallow the claim of additional depreciation - HELD THAT:- We find that the claim of additional depreciation u/s 32(1)(iia) was granted to the assessee without any deliberation. The learned AR has not placed any evidence / material on record to show that the additional depreciation claimed was subject matter of examination by the A.O. during the course of assessment proceedings and thereafter deduction was granted. Since deduction u/s 32(1)(iia) was granted without any deliberation by the Assessing Officer, we are of the view that the assessment order dated 16.02.2016 is erroneous and prejudicial to the interest of the revenue. Therefore, the CIT had correctly invoked his revisionary power u/s 263. - Decided against assessee We are not aware of the fate of the order of Cochin Bench of the Tribunal in the case of Cochin Frozen Food Exports Pvt. Ltd. [2012 (4) TMI 757 - ITAT COCHIN] . We are also not aware of the processes undertaken in that case whether it is identical / similar to the processes undertaken by the assessee in the instant case. The Assessing Officer shall compare the processes undertaken by the assessee in the instant case and that of the assessee in Cochin Frozen Food Exports Pvt. Ltd. (supra). In other words, the Assessing Officer shall independently come to a conclusion whether there is a manufacture or production of a new article or thing in the facts of the instant case, irrespective of the observation made by the CIT. With these observations, we dispose off the matter.
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