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2015 (6) TMI 524 - AT - Income TaxAssessment under section 153A/153C - whether CIT(A) has erred in allowing the enhanced claims of interest on loans and depreciation in the proceedings initiated under section 142(1) of the I.T. Act. Held that - A perusal of the impugned order of the Ld. CIT(A) also shows that neither the Ld. CIT(A) has given any specific finding on the merit of the assessee s claim nor has he directed the A.O. to verify the same on merit and this position is not disputed even by the Ld. Counsel for the assessee. We therefore, modify the impugned order of the Ld. CIT(A) and restore the matter to the file of the A.O. for the limited purpose of deciding the issue relating to the assessee s claim for depreciation on office building and interest on loan availed for the said building on merit in accordance with law after verifying all the relevant aspects - Decided partly in favour of revenue for statistical purposes.
Issues:
1. Assessment under section 153C for A.Y. 2008-2009. 2. Assessment under section 143(3) for A.Y. 2009-2010. 3. Appeals before Ld. CIT(A) challenging the A.O.'s decisions. 4. Entertaining additional claims for depreciation and interest. 5. Orders of Ld. CIT(A) directing the A.O. to adopt the income as declared by the assessee. 6. Grounds of appeal by the Revenue. 7. Decision of the Tribunal modifying the Ld. CIT(A) order. Assessment under section 153C for A.Y. 2008-2009: The case involved a partnership firm engaged in trading marbles and granites. A notice under section 153C was issued post a search action, but the A.O. rejected additional claims for depreciation and interest made by the assessee. The Ld. CIT(A) found merit in the assessee's contention that such claims should have been entertained under section 153C/153A. The Tribunal agreed that the A.O. should have verified these claims on merit and remanded the matter for further assessment. Assessment under section 143(3) for A.Y. 2009-2010: Similar to the previous year, the A.O. rejected additional claims made by the assessee post a search action. The Ld. CIT(A) directed the A.O. to adopt the income as declared in the revised return, emphasizing that the A.O. should verify the claims before rejecting them summarily. The Tribunal upheld the Ld. CIT(A)'s decision and remanded the matter for proper verification. Appeals before Ld. CIT(A) challenging the A.O.'s decisions: The assessee contended that assessments under section 153C/153A allow for new/additional claims, citing relevant judicial decisions. The Ld. CIT(A) agreed, emphasizing the fresh nature of assessments under these sections and directed the A.O. to consider the revised returns. Entertaining additional claims for depreciation and interest: The Ld. CIT(A) found merit in the assessee's claims for additional depreciation and interest, stating that the A.O. should have verified these claims on merit before rejecting them. The Tribunal upheld this view and remanded the matter for proper assessment. Orders of Ld. CIT(A) directing the A.O. to adopt the income as declared by the assessee: The Ld. CIT(A) directed the A.O. to adopt the income as declared in the revised returns, emphasizing that the A.O. should verify the claims before rejecting them summarily. The Tribunal upheld this direction and remanded the matter for proper assessment. Grounds of appeal by the Revenue: The Revenue challenged the Ld. CIT(A)'s decision to allow enhanced claims of interest and depreciation, arguing that assessments under section 153C are not denovo assessments. The Tribunal acknowledged the Revenue's concerns and remanded the matter for further assessment. Decision of the Tribunal modifying the Ld. CIT(A) order: The Tribunal modified the Ld. CIT(A) order and remanded the matter to the A.O. for proper verification of the assessee's claims for depreciation and interest. The A.O. was directed to afford the assessee a proper opportunity to be heard during this process. This detailed summary covers the issues involved in the legal judgment, the arguments presented by both parties, the decisions of the Ld. CIT(A), and the Tribunal's final ruling.
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