2017 (3) TMI 1255

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..... 's right to carry forward the balance additional depreciation to the subsequent year, the other parts of the impugned judgment will remain intact and will not be affected by the order passed by us today. The appeal, to our minds, will have to be allowed, even, vis-a-vis Questions (i) and (ii) as well, in so far as they relate to Question no.(iii), as it cannot be said, at this juncture, that the o .....

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..... ner') under Section 263 of the Act. To be noted, the Commissioner had issued a notice to the appellant / assessee in pursuance of powers conferred upon him under Section 263 of the Act on several issues including the issue pertaining to the right of the assessee to carry forward the balance additional depreciation in the year following the relevant previous year, in which the subject asset was .....

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..... of law were framed: i. Whether the Tribunal was right in law in holding that the Commissioner of Income Tax has rightly invoked jurisdiction under Section 263 of the Act ? ii. Whether the allowance of additional depreciation by the Assessing Officer after eliciting replies from the assessee could be revised under Section 263 of the Act without establishing that the assessment order was er .....

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..... sessee's claim in respect of disallowance of carry forward of balance additional depreciation to the subsequent year. 6.1. In these circumstances, learned counsel for the assessee says that the other two questions should also be answered in favour of the assessee, as the twin test prescribed for exercise of power under Section 263 of the Act is not fulfilled. The learned counsel says that t .....

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..... ith respect to the issues other than that which deals with the assessee's right to carry forward the balance additional depreciation to the subsequent year, the other parts of the impugned judgment will remain intact and will not be affected by the order passed by us today. The appeal, to our minds, will have to be allowed, even, vis-a-vis Questions (i) and (ii) as well, in so far as they rela .....

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