TMI Blog2022 (9) TMI 1382X X X X Extracts X X X X X X X X Extracts X X X X ..... ority, post assessment, to lead to a conclusion that the original disclosure made by the petitioner was either incomplete or untrue. In fact, the only material referred to in the reasons, is the assessment order itself in which the depreciation schedule, the rates of depreciation and the claim of the petitioner in regard to depreciation have been discussed in detail. As transpires that all materials referred to in the reasons flow from the materials on record and in such circumstances, it is more than apparently clear that there has been no compliance of the statutory precondition as set out in the proviso to Section 147, in this case. The impugned proceedings of assessment having been initiated beyond the period of four (4) years from t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e acquisition and installation of the windmill had been completed prior to 31.03.2012, as a result that the petitioner was entitled to depreciation at the rate of 80% for the year in question. 4. The officer refers thereafter to a questionnaire issued under Section 142(1) dated 19.01.2015 calling upon the petitioner to justify the claim of additional depreciation on windmill.The explanation furnished by the petitioner finds reference in the order of assessment at paragraph B. Further particulars were also sought touching upon the acquisition and installation of windmill that were also supplied under cover of letter dated 12.03.2015 enclosing the commissioning certificate. 5. After considering the detailed submissions, the authority di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under: 1. Invoice dated 24.03.2012 Amount paid on 27.03.2012 shows supply of Suzlon Turbine Generator comprising of Nacelle, Hub and sets of 3 blades, controller. As for the said invoice, the above said equipments were dispatched by road from Pondicherry factory to the sight at Coimbatore on 27.03.2012 2. Invoice dated 24.03.2012 Paid on 28.03.2012 has been dispatched again by road from Pondicherry factory to Coimbtaore sight by Suzlon on 28.03.2012. 3. Invoice dated 26.03.2012 paid on 29.03.2012 shows delivery originating from Vadodara, Gujarat and terminating at Coimbatore. The equipments include component and accessories of renewable energy device 1700 KVA/0.690 KV, Transformer with Oil. 4. Invoice dated 16.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 010 located at Ettankulam Village is for the period from 25.03.2010 to 29.03.2010. This therefore implies that the assessee has not been able to submit the commissioning certificate as on 31.03.2012 pertaining the current assessment year 20.12.2013. Thus the condition as prescribed in proviso to section 32(1)(iia) namely, that the asset must be acquired and put to use has not been met. Therefore, the additional depreciation claimed at Rs.85,54,695/- is disallowed and added back to the total incomeof the assessee.' 6. Challenging the disallowance made on account of additional depreciation as well as other issues, the petitioner filed a statutory appeal before the Commissioner of Income tax (Appeals) on 24.04.2015, that is stated to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing that the same was not put to use during the year. In such a case, you have not entitled for regular depreciation of Rs.3,42,18,778/- i.e., 40% of Rs.8,55,46,945/- (less than six months) as such income to the tune of Rs.3,42,18,778/- has escaped assessment'. 10. It is seen that the issue addressed under the proceedings for re-assessment is regular depreciation claimed by the petitioner which, according to the respondent, ought not to have been granted. Thus he comes to the conclusion that there has been income that has escaped assessment by virtue of the wrongful grant of regular depreciation. 11. However, the impugned proceedings having been initiated beyond the period of 4 years from the end of the relevant assessment year, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... epreciation schedule, the rates of depreciation and the claim of the petitioner in regard to depreciation have been discussed in detail. 14. Thus, it transpires that all materials referred to in the reasons flow from the materials on record and in such circumstances, it is more than apparently clear that there has been no compliance of the statutory precondition as set out in the proviso to Section 147, in this case. In light of the aforesaid discussion, the impugned proceedings of assessment having been initiated beyond the period of four (4) years from the end of the relevant assessment yearare clearly barred by limitation. 15. The impugned order is set aside and this Writ Petition allowed. No costs. Connected Miscellaneous Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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