TMI Blog2017 (2) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... im by the statute by filing the revised return within the time limit prescribed u/s 139(5) of the Act. However, that does not prevent the assessee from making its legitimate claims and its doors are not completely shut. The decision in the case of Goetze India Limited [2006 (3) TMI 75 - SUPREME Court ] clearly states that consideration of the valid claim of the assessee other than by way of a vali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ough the assessee did not claim such additional depreciation either in the return or by way of a revised return. The fact that such additional depreciation is available in respect of wind mills is not in dispute before us. There is also no factual dispute otherwise on entitlement of the assessee to claim such additional depreciation. Such claim was made by the assessee in revised computation of in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ional depreciation on wind mill in the revised computation of income statement filed before completion of assessment proceedings. Admittedly, the assessee had missed the bus in the opportunity provided to him by the statute by filing the revised return within the time limit prescribed u/s 139(5) of the Act. However, that does not prevent the assessee from making its legitimate claims and its doors ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rani Gulati Vs. CIT reported in (2012) 346 ITR 543 (All). In the aforesaid decision, the Hon ble Supreme Court observed:- The decision in question is that the power of the Tribunal under section 254 of the Income-tax Act, 1961, is to entertain for the first time a point of law provided the fact on the basis of which the issue of law can be raised before the Tribunal. The decision does n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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