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| The Tax Publishers2021 TaxPub(DT) 2559 (Del-Trib) INCOME TAX ACT 1961
Section 254
The decision in the case of M/s. Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC) : 2006 TaxPub(DT) 1528 (SC) was limited to the powers of the assessing authority and does not impinge on the power of the Tribunal under section 254, AO was directed 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 heard to the assessee.
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Appeal (ITAT) - Powers - Adjudication of fresh claim - Additional depreciation--Neither claimed in original return nor through revised return
Assessee claimed additional depreciation on purchase of machinery. AO rejected assessee's claim keeping in view of the decision held in the case of M/s. Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC) : 2006 TaxPub(DT) 1528 (SC), since the said additional depreciation was not claimed by the assessee either in the original return or through the revised return. Held: As per the decision in the case of M/s. Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC) : 2006 TaxPub(DT) 1528 (SC), the decision was limited to the powers of the assessing authority and does not impinge on the power of the Tribunal under section 254. Therefore, AO was directed 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 heard to the assessee.
Applied:M/s. Goetze (India) Ltd. v. CIT (2006) 284 ITR 323 (SC) : 2006 TaxPub(DT) 1528 (SC)
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
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