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TMI Blog2015 (9) TMI 1689X X X X Extracts X X X X X X X X Extracts X X X X ..... 147 of the Act. Therefore, we uphold the order of the CIT(Appeals) on this issue and quash the assessment order passed u/s.147 - Decided against revenue. - ITA No. 254/Mds/2015 - - - Dated:- 23-9-2015 - SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER For the Appellant : Shri M.N. Maurya, CIT For the Respondent : Shri Vikram Vijayaraghavan, Advocate ORDER PER CHANDRA POOJARI, ACCOUNTANT MEMBER This appeal by the Revenue is directed against the order of the Commissioner of Income-tax(Appeals) dated 14.11.2014. 2. The Revenue has raised the following grounds in this appeal: 2. The Id. CIT(A) erred in holding that the order passed u/s 143(3) LW.S 147 dated 30.01.2014 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Not granting interest u/s 244A and levy of interest u/s 234D. 3.1 The Id. CIT(A) ought to have discussed the issues on merit in view of the detailed discussion in the order u/s 143(3) R.W.S 147 of I. T. Act, 1961. 3. The facts of the case are that the assessee company is engaged in the business of power generation and coal mining. It filed the return of income for A.Y. 2008-09 on 20.09.2008 declaring total income of ₹ 14,26,99,69,690/-. The return was processed u/s 143(1) of the Act. Subsequently, the assessment was completed u/s.143(3) on 28.12.2010 determining the total income at ₹ 16,02,04,51,970/-. Thereafter, the AO noticed that the assessee had claimed excess depreciation on water supply and drainage @ 15% instead ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of depreciation from 15% to 10% on water supply drainage was a subject matter of discussion and some part of it was already disallowed on that basis amounting to ₹ 1,61,000/-. Therefore, the CIT(Appeals) observed that reopening the assessment to give similar treatment to the whole of the asset instead of .part of it is clearly a change of opinion within the purview of the decision of Supreme Court in the case of Kelvinator India Ltd (supra). The decision of the Supreme Court in the above case has ruled as under (as per head note): Section 147, of the Income-tax Act, 1961 - Income escaping assessment - Position after 1-4-1989 - Assessment year 1987-88 - Whether even after amendment of section 147 with effect from 1-4-1989, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) on 28.12.2010, wherein he disallowed the claim of the assessee by observing as follows: The reply furnished by the assessee has been carefully considered. Accordingly, the claim of excess rate of depreciation on the on-productive assets to the tune of ₹ 32.20 lakhs is being restricted @ 10% instead of 15%. Accordingly, the excess depreciation claimed by the assessee to the tune of ₹ 1,61,000/- is being disallowed and added to the total income of the current year. Add: Rs. . 1,61,000/- Hence, in our opinion, there is a change of opinion by the AO for the purpose of reopening the assessment u/s.147. As held by the Supreme Court in the case of Kelvinator India Ltd. (supra), mere change in opinion would not confer jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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