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TMI Blog2018 (11) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... . We have heard learned counsel for the parties for final disposal of the Income Tax Appeal on admission stage itself. 2. The Revenue has filed this appeal challenging an order of the Income Tax Appellate Tribunal, Mumbai ("the Tribunal" for short) dated 4.3.2015. Following questions are presented for our consideration: "A. Whether on the facts and in the circumstances of the case and in law, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... late Authority (FAA) in respect of claim of additional depreciation pertains to earlier years of Rs. 1.42 crores without appreciating the fact that the assessee has neither claimed the said depreciation in the return of income nor filed any revised return?" 3. Learned counsel for the Revenue candidly stated that the Question B is covered against the Revenue by virtue of the judgment of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... art of the return filed and without the assessee having filed a revised return. The Tribunal in this context, refereed to and relied upon the judgment of this Court in the case of Commissioner of Income Tax Vs. Pruthvi Brokers & Shareholders P Ltd reported in [2012] 349 ITR 336 (Bom). In the said case, the Division Bench of this Court had taken a view that the Appellate Authorities have power to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ains to the Assessment Years 2004-05 and 2005-06 and not the current year whereas at a later stage, the Tribunal referred to the issue being not entertained by the CIT (Appeals) since the assessee had not made the claim in the return filed. 8. It appears that the CIT (Appeals) had rejected the assessee's claim on the ground that the same did not pertain to the year under consideration. If tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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