2004 (2) TMI 283 - AT - Income Tax

Summary

Issues:
1. Excess depreciation allowed by Assessing Officer.
2. Failure of assessee to substantiate claim of depreciation.
3. Submission of revised return by assessee.
4. Invocation of powers under section 263 by Commissioner of Income Tax.
5. Allegation of prejudice to Revenue due to excess depreciation.
6. Consideration of revised return by authorities.

Analysis:
1. The appeal was filed by the assessee against the order passed by the Commissioner of Income Tax (CIT) under section 263, challenging the excess depreciation allowed by the Assessing Officer (AO) on assets used for less than 180 days during the assessment year 1995-96.

2. The CIT observed that the AO had erroneously allowed 100% depreciation on assets used for less than 180 days, directing the AO to make a fresh assessment as per law. Despite opportunities, the assessee failed to provide details to substantiate its claim for depreciation, leading to the conclusion that the AO's order was prejudicial to the interests of the Revenue.

3. The Authorized Representative of the assessee argued that a revised return was filed within the specified time, withdrawing the excess claim of depreciation. However, the Departmental Representative contended that the assessee did not furnish details regarding asset usage exceeding 180 days, causing prejudice to Revenue due to excess depreciation.

4. The Departmental Representative emphasized that the conditions for invoking section 263 were met, as the AO's order was erroneous and prejudicial to Revenue. The Tribunal noted that the CIT correctly set aside the AO's order and directed a fresh assessment, providing the assessee an opportunity to withdraw the excess depreciation claim.

5. The Tribunal found that the assessee failed to substantiate the claim of excess depreciation withdrawal before the CIT or the Tribunal. Despite arguments, no evidence was presented to refute the excess depreciation pointed out by the CIT. The Tribunal upheld the CIT's decision as both conditions for invoking section 263 were satisfied, and the CIT directed the AO to reframe the assessment after affording the assessee a reasonable opportunity to be heard.

6. Ultimately, the Tribunal dismissed the appeal, affirming the CIT's decision to set aside the AO's order and conduct a fresh assessment, allowing the assessee the opportunity to rectify the excess depreciation claim.