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2006 (2) TMI 60

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..... t Commissioner shall be excluded
JUDGMENT C. N. RAMACHANDRAN NAIR J.—The petitioner is challenging exhibit P14 order whereunder the Commissioner of Income-tax has dismissed the revision petition filed by the petitioner challenging the orders of the Assessing Officer declining to rectify income-tax assessments applied for by the petitioner under section 154 of the Income-tax Act, 1961, for the .....

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..... e of change in the written down value of eligible items for depreciation based on the orders of the Commissioner (Appeals) for the two preceding years, the petitioner applied for rectification of mistake in the subsequent assessments for grant of depredation, which was declined by the Assessing Officer on the ground that there was no mistake apparent on the face of the record to rectify assessment .....

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..... alue after taking into account depreciation actually allowed in the preceding year. Since there is a change in the written down value, consequent upon the order of the first appellate authority for the immediately preceding years, necessarily depreciation for the year 1992-93 and subsequent years has to be recomputed based on orders of the appellate authority for the preceding year. The findings o .....

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