TMI Blog2021 (5) TMI 202X X X X Extracts X X X X X X X X Extracts X X X X ..... URT] the decision was limited to the powers of the assessing authority and does not impinge on the power of the Income-tax Appellate Tribunal u/s 254. We, therefore, direct the AO to adjudicate the issue of additional depreciation which was not claimed by the assessee either in the original return or during the revised return on the basis of the fact and law after giving due opportunity of being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 3,41,830/-. The AO completed the assessment u/s 143(3) of the Act on 15th February, 2016 determining the total income of the assessee at ₹ 7,65,330/- wherein he made certain additions. During the course of assessment proceedings, the assessee has claimed additional depreciation on purchase of machinery of ₹ 1,17,14,501/-. The claim of the assessee for additional depreciation was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment stage for additional depreciation. The AO denied the claim by relying on the Hon'ble Supreme Court's decision in the case of M/s Goetze (India) Ltd. vs. CIT (2006) ITR 323 (SC) wherein it has been clearly stated that additional claim for deduction can be entertained only if a revised return has been filed. In this case, no revised return was filed. Moreover, the case law cited by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 14(XI-35) of 1955 dated April 11, 1955 as the A.O. is bound by the circular. 4. That case of the assessee is covered by Judgement passed by Hon'ble ITAT Banglore Bench B in case of Rakesh Singh Vs. ACIT in Appeal No. 1027(BANG) of 2011 for A.Y. 2007-08. 5. None appeared on behalf of the assessee. We, therefore, proceed to decide the issue on the basis of material available on record a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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