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TMI Blog2019 (2) TMI 893X X X X Extracts X X X X X X X X Extracts X X X X ..... preciation in respect of copier unit and paper unit - AO disallowed the claim of depreciation of the assessee by observing that the assessee had made the claim for deduction of depreciation without filing the revised return - Held that:- In the present case, it is an admitted fact that the assessee inadvertently could not claim the depreciation in computation of income. However, that claim was made in the tax audit report attached with the income tax return which was available on the record. Therefore, the CIT(A) rightly directed the AO to allow the depreciation claimed by the assessee by following the judgment of CIT Vs Ramco International (2008 (12) TMI 413 - PUNJAB AND HARYANA HIGH COURT). No valid ground to interfere with the finding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the ld. CIT DR although supported the order of the AO but could not controvert the aforesaid contention of the ld. Counsel for the assessee. 5. After considering the submissions of both the parties and the material available on the record. It is noticed that an identical issue having similar facts was a subject matter of the departmental appeal for the assessment year 2010-11 before the Hon ble Jurisdictional High Court against the order of the ITAT Amritsar Bench in ITA No. 534/Asr./2014, order dated 13.06.2016 in assessee s own case. Their Lordships while dismissing the appeal of the department observed in para 4 of the order dated 08.08.2017 as under: 4. Learned counsel for the parties were ad-idem that question Nos.(i) and (ii) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e judgment of the Hon ble Punjab Haryana High Court in the case of CIT Vs Ramco International reported at (2011) 332 ITR 306. 10. The ld. CIT(A) after considering the submissions of the assessee allowed the claim of depreciation by observing in para 15 of the impugned order which read as under: 15. In the instant case, it is clear that the assessee had filed in its tax audit report under form 3CD, the depreciation that was allowable on its assets as per the I.T. Act. However in the computation of income the assessee did not claim depreciation for the copier unit and the paper unit. Therefore the fact that the depreciation was due and was claimed by the assessee is clear from the tax audit report. Merely because it was not mentione ..... X X X X Extracts X X X X X X X X Extracts X X X X
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