TMI Blog2019 (7) TMI 1391X X X X Extracts X X X X X X X X Extracts X X X X ..... ncerning claim of depreciation had been thoroughly examined by the AO and therefore there was no failure on the part of the Assessee to disclose fully and truly all the material facts relevant for the assessment. ITAT noted that in the order re-opening the assessment, the AO referred to the documents already produced in the course of the original assessment proceedings and inferred that the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 9891/2019 (delay) 1. For the reasons stated in the application, the delay of 172 days in re-filing the appeal is condoned and the application is disposed of. ITA No. 200/2019 2. The Revenue is in appeal against an order dated 28th February, 2018 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No.907/Del/2015 for the Assessment Year (AY) 2005-2006. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y were used for less than 180 days during the AY in question. 5. On the basis that the above income had escaped assessment, a notice dated 20th March, 2012 under Section 147 read with 148 of the Act was issued by the AO to the Assessee. Thereafter, the assessment order was framed on 28th March, 2013 disallowing the above depreciation. 6. The Assessee succeeded in its appeal befor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ts relevant for the assessment. The ITAT noted that in the order re-opening the assessment, the AO referred to the documents already produced in the course of the original assessment proceedings and inferred that the proportionate amount of depreciation should have been disallowed because of de-leasing of certain assets and claim of depreciation on new assets that were used for less than 180 days. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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