2017 (2) TMI 1196 - HC - Income Tax

Additional depreciation in respect of wind mills - assessee made his claim in revised computation of income filed before the completion of the assessment proceeding - Held that - Admittedly, the assessee had missed the bus in the opportunity provided to him by the statute by filing the revised return within the time limit prescribed u/s 139(5) of the Act. However, that does not prevent the assessee from making its legitimate claims and its doors are not completely shut. The decision in the case of Goetze India Limited 2006 (3) TMI 75 - SUPREME Court clearly states that consideration of the valid claim of the assessee other than by way of a valid return can be entertained by the appellate authorities and more so the ITAT. The Hon ble Supreme Court in the case of CIT vs Kanpur Coal Syndicate reported in (1964 (4) TMI 18 - SUPREME Court ) had held that the powers of CIT(A) is co-terminus with that of the AO; that the First Appellate Authority has wider powers, in that he can do what the ITO can do and can also direct him to do what he failed to do. No substantial question of law involved

Summary

Issues:
Claiming additional depreciation for wind mills without filing a revised return.

Analysis:
The dispute in this appeal revolves around the allowance of additional depreciation for wind mills to the assessee, even though the claim was not made in the original return or through a revised return. It is undisputed that additional depreciation is available for wind mills, and there is no factual dispute regarding the entitlement of the assessee to claim such depreciation. The assessee made the claim in the revised computation of income filed before the completion of the assessment proceedings. The Assessing Officer initially rejected the claim, but the Commissioner of Income Tax (Appeals) allowed it, a decision later upheld by the Tribunal.

The appellant's argument was based on the Supreme Court decision in Goetze (India) Ltd. v. Commissioner of Income-tax, where it was held that claims must be made through a revised return. However, the Tribunal rejected this argument and emphasized that the assessee's legitimate claims can be entertained even if not made through a revised return within the time limit. The Tribunal cited the wider powers of the First Appellate Authority to consider such claims, as established in previous legal precedents. The Tribunal's decision was further supported by a Supreme Court observation that the power of the Tribunal to entertain a point of law is not related to the Assessing Officer's power to consider claims without a revised return.

Ultimately, the High Court found no reason to interfere with the Tribunal's decision. It was concluded that there was no substantial question of law involved in the case, leading to the dismissal of the application and the appeal. The judgment clarifies that the issue at hand pertains to the power of the assessing authority and does not affect the jurisdiction of the Income-tax Appellate Tribunal under the relevant provisions of the Income-tax Act, 1961.