TMI Blog2022 (11) TMI 1247X X X X Extracts X X X X X X X X Extracts X X X X ..... ed claim made through belated application of rectification and in the absence of any order of relaxation from the CBDT, we beyond any iota of doubt are inclined to hold the orders of both the tax authorities free from any infirmity, ergo the ground number 3 and its counter parts stand adjudicated against the assessee. - ITA Nos. 631 to 634/PUN/2021 - - - Dated:- 7-10-2022 - SHRI S. S. GODARA, JUDICIAL MEMBER AND SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER Assessee by: Shri M. K. Kulkarni Revenue by: Shri M. G. Jasnani ORDER PER G. D. PADMAHSHALI, AM; Present bunch of five appeals of the assessee is assailed against separate orders of Commissioner of Income Tax (Appeals), Pune-11 [for short CIT(A) ] all dt. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been completely ignored by him as to facts and law. The appeal order be cancelled and/or be set aside for fresh order after considering all the issues raised therein. 2) On the facts and in the circumstances of the case and in law the appeal order is not sustainable in law since no opportunity was given to the assessee to hear properly on the legal as well as factual issues raised before him. The principles of natural justice mandate that a reasonable and effective opportunity needs to be granted especially when appellate authority proceeds to take an adverse view. The order of the CIT(A) be set aside. 3) On the facts and in the circumstances of the case and in law and without properly appreciating, the grounds of appeal rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justified in confirming the withholding made by A. O. It be held accordingly. 5. On the facts and in the circumstances of the case and in law it was submitted S. 32(1) captioned 'Depreciation' which follows CIs. (i) / (ii), (ii-a) and (iii) which shows the depreciation was relevant to all clauses including Cl. (ii) and (ii-a) and it was not correct to contend that relief provided u/s 32(1)(iia) is a separate incentive. This legal interpretation was not appreciated by Ld. CIT(A). The resultantly the appeals were dismissed. 6. On the facts and in the circumstances of the case and in law the Ld. CIT(A) dismissed the appeal of the appellant-assessee relying solely on S. 154(7) which had no relevance in the legal issues p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act on the assessee was carried out on 07/02/2020 08/02/2020 wherein a statement of one of the director of the company was recorded with respect to excess depreciation claimed as against the ITR filed, for the reasons the Ld. AO by issue of notices u/s 148 initiated proceedings for escapement of income for AY 2016-17 to 2018-19. 5.3 Upon the receipt of notice u/s 148 of the Act, the assessee company for impugned assessment years under adjudication filed a common application for rectification u/s 154 of the Act on 18/02/2021 thereby raised a claim for an additional depreciation u/s 32(1)(iia) first time and also preferred an application for relaxation of 154(7) limitation in its case before the Central Board of Direct Taxes [for sho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is also submitted that, since the mistake was through oversight, apparent from record and claim of additional depreciation being bonafied needs one, hence due consideration thereof in arriving at correct computation of income is necessary, thus prayed for. Au contraire the learned departmental representative [for short DR ] reiterating the provisions of section 154(7) and absence of any relaxation from the CBDT in the appellant s case, has strongly placed reliance of the orders of both the tax authorities below for dismissing the appeals of the appellant. 7. After hearing to rival contentions of both the parties; and subject to the provisions of rule 18 of Income Tax Appellate Tribunal Rules, 1963 [for short ITAT, Rules ] perused the m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... swered negatively and against the assessee, then the meritare ground laid in subsequent para at 9.2 shall turn academic, calling no adjudication. 10.1 In this context legal ground, without reproducing the text from the Act in verbatim, it shall be suffice to say that, the provision of section 154(1) r.w.s. 154(7) of the Act, empowers the income tax authority to rectify any mistake apparent from record, within the statutory limit of four years from the end of the financial year in which order sought to be amended was passed. And in the present bunch of appeals, it remained an undisputed fact that, the applications for rectification for claim of additional depreciation for all the impugned assessment years were made after the expiry of fou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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