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2018 (12) TMI 108

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..... POOJARI, AM: This appeal filed by the assessee is directed against the order of the CIT(A), Thrissur dated 14/05/2018 for the assessment year 2011-12. 2. The assessee has raised the following grounds: 1. The CIT(A) erred in concluding that allowance of reduced rate of depreciation is not a debatable issue to invoke section 154 of the Incometax Act, 1961. 2. The assessee being manufacturer o .....

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..... e purview of section 154 of the I.T. Act. According to the CIT(A), though the assessee relied on the decision of the Supreme Court in the case of CIT vs. dr. B. Venkata Rao (2000) ITR 8C (SC), it is seen that the vehicle used by the assessee was to ply his own goods and the Assessing Officer was right in withdrawing the excess claim on the vehicle. Therefore, the CIT(A) confirmed the action of th .....

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..... bined with another business. In this case, the assessee has received hire charges on the trucks owned by it. 6. The Ld. DR relied on the order of the lower authorities. 7. We have heard the rival submissions and perused the record. In this case, there was no record attached to the return of income to show that the claim of higher depreciation on trucks is to be allowed at 30% claimed by the asse .....

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..... erred jurisdiction on the concerned Assessing Officer to rectify the earlier order. It follows from this that the evidence which was considered by the Assessing Officer to rectify the error is not extraneous to the record but it is intimately connected with the records. Hence, exercising jurisdiction u/s. 154 of the Act by the Assessing Officer is justified. Being so, we do not find any infirmity .....

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