2021 (9) TMI 702 - AT - Income Tax

Rectification u/s 154 - excess depreciation that was allowed inadvertently - HELD THAT - In the assessee s case, the matter regarding allowing of depreciation to the assessee by virtue of the assessment order, passed under section 143(3) of the Act, on 26.3.2014, was considered and decided by the ld. CIT(A), vide order dated 15.5.2015. As per section 154(1A) of the Act, since this matter has been considered and decided in appeal by the order dated 15.5.2015, it cannot be amended. The provisions of section 154(1A) of the Act are explicit in this regard. This could not be controverted before us. The issue of other income, shown in the profit and loss account, but not taken into consideration while computing the total income, which was also the subject matter of rectification in the order dated 31.3.2016, passed under section 154 of the Act, is not under challenge before us. In view of the above, the grievance of the assessee is accepted qua the issue of allowing of depreciation to the assessee, which is the only issue in appeal before us. Nothing further survives for adjudication, nor was anything else argued. Accordingly, the order under appeal qua this issue is reversed. - Decided in favour of assessee.

Summary

Issues:
1. Rectification of assessed income under section 154 of the Income Tax Act.
2. Consideration of depreciation and other income in the assessment.
3. Applicability of section 154(1A) regarding rectification of orders.

Analysis:

Issue 1: Rectification of assessed income under section 154:
The appellant contested the revised assessed income of ?2,17,58,326 made under section 154 of the Income Tax Act, arguing that mistakes apparent from records were not present in the original assessment order under section 143(3). The appellant challenged the sustainability of the revised assessed income, raising concerns about the errors in the assessment process.

Issue 2: Consideration of depreciation and other income in the assessment:
The appellant raised objections regarding the estimation of net profit at ?1,94,05,703 without deducting admissible depreciation as per the Income Tax Rules. Additionally, the appellant disputed the addition of other income amounting to ?23,52,626 to the estimated income, highlighting discrepancies in the treatment of expenses and income in the Profit and Loss Account. The appellant argued that the original assessment order had already factored in depreciation and other income correctly, emphasizing the need for a comprehensive review of the assessment methodology.

Issue 3: Applicability of section 154(1A) regarding rectification of orders:
The appellant invoked section 154(1A) of the Income Tax Act, prohibiting rectification of orders that have been considered and decided in proceedings by way of appeal or revision. The appellant contended that the rectification proceedings initiated under section 154 disregarded the provisions of section 154(1A), thereby questioning the validity of the rectification of the original assessment order dated 26.03.2014.

The Tribunal acknowledged the legal intricacies surrounding the rectification of orders and the considerations of depreciation and other income in the assessment process. The Tribunal upheld the appellant's contentions regarding the allowance of depreciation, emphasizing that matters already decided in appeal cannot be amended under section 154(1A) of the Act. Consequently, the Tribunal reversed the order under appeal concerning the issue of allowing depreciation to the appellant. The appeal was allowed, and the grievance of the appellant was accepted solely on the issue of depreciation allowance, leading to the reversal of the order under consideration.

This comprehensive analysis addressed the core issues raised in the legal judgment, providing a detailed overview of the arguments presented by the appellant and the subsequent Tribunal's decision based on the relevant provisions of the Income Tax Act.