9911796707
TMI Blog2024 (8) TMI 1083X X X X Extracts X X X X X X X X Extracts X X X X ..... nding Counsel Mr. Sanghani waives service of notice of rule on behalf of respondent. 3. Having regard to the controversy involved which is in a narrow compass, with the consent of learned advocates for the respective parties, the matter is taken up for final hearing. 4. By this petition under Article 226 of the Constitution of India, the petitioner has challenged notice issued under Section 148 of the Income Tax Act, 1961 (for short "the Act") for reopening the assessment for the Assessment Year 2016-2017. 5. The brief facts of the case are that the petitioner which is a partnership firm is engaged in the business of hiring of Earth Moving equipment and Commercial Vehicles for providing excavators, dozor, graders, rock drill machines etc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r was not engaged into the business of mining but was engaged in the business of hiring the equipments and it was further stated that the nature of business has not changed since Assessment Year 2010-11. 5.5. The respondent however by order dated 30.07.2022 passed under Section 148A (d) of the Act held that the income of the depreciation of Rs.7,81,66,149/- has escaped assessment for the year under consideration by way of excess allowance of depreciation. 5.6. Being aggrieved, the petitioner has preferred this petition. 6. Learned advocate Mr. Divatia for the petitioner submitted that the respondent Assessing Officer while rejecting the objections raised by the petitioner has recorded that the disallowance was made on similar issues in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the decision of this Court in Tax Appeal No.418, 420 and 421 of 2018 for the Assessment Years 2012-13, 2011-12 and 2013-14 dated 01.05.2018 was not accepted by the Revenue and against the same, SLP was filed before the Hon'ble Apex Court being SLP (Civil) Diary No. 48030/2018 and subsequently, the SLP was dismissed by the Hon'ble Supreme Court due to delay in filing without going into the merits of the case. It was therefore submitted that the impugned notice is issued so as to keep the issue alive while reconsidering the same during the course of reassessment. 8. Having heard learned advocates for the respective parties and considering the facts of the case, it is not in dispute that the issue with regard to the claiming of depreciation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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