Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 943 - AT - Income TaxRectification of mistake u/s 254 - ex-parte order on merit - assessment was reopened by the AO to disallow the claim of higher depreciation as the assessee has not shown income from hire charges on dumpers, excavator or JCB - HELD THAT:- Now the assessee has produced certain records to show that the income declared by the assessee includes hire charges in respect of the vehicle dumpers, excavator or JCB etc. Since, this record was not filed before the Tribunal earlier, therefore, the appeal of the assessee was heard and disposed of ex-parte. We are of the considered opinion that the factual aspect whether the assessee has received any income from hire charges is very crucial for deciding the issue of claim of higher depreciation on these machinery and vehicle. Though the conduct of the assessee after filing the appeal was sincere however, in the facts and circumstances of the case and in the interest of justice we grant one more opportunity to the assessee subject to cost of ₹ 5000/-. Accordingly, the impugned order dated 06.06.2018 of the Tribunal is recalled and the appeal of the assessee is directed to be heard and decided afresh. Miscellaneous application is allowed subject to cost.
|