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of <h1>ITAT directs AO to delete depreciation disallowance for AY 2005-06, citing correct accounting of insurance claim</h1> <h3>M/s Spenta International Ltd. Versus Dy. Commissioner of Income Tax Circle 1 (3), Mumbai</h3> M/s Spenta International Ltd. Versus Dy. Commissioner of Income Tax Circle 1 (3), Mumbai - Tmi Issues Involved:- Challenge to jurisdiction of AO under section 147 read with section 148 of the Income Tax Act- Disallowance of depreciationAnalysis:Challenge to Jurisdiction of AO under Section 147 read with Section 148:- The assessee filed appeals against two separate orders for assessment years 2005-06 and 2006-07 pertaining to the reopening of assessment under section 147 read with section 148 of the Income Tax Act, 1961.- The AO reopened the assessment for AY 2005-06 due to alleged excess depreciation of &8377; 87,27,783, as the assessee did not reduce the WDV of plant and machinery destroyed by fire or credit the insurance claim received. The AO issued a notice under section 148, and the matter was taken up before the CIT(A) who upheld the disallowance.- The First Appellate Authority held that the AO incorrectly reduced the entire cost of assets destroyed from the WDV, contrary to tax laws. The FAA directed the AO to rework the depreciation as per the provisions of section 43(6)(c)(i)(B) for AY 2005-06 and subsequent years.- The ITAT, after considering submissions and orders, found that the assessee had correctly accounted for the insurance claim received in AY 2007-08, after receiving details from the Insurance Company. The ITAT concluded that the disallowance of depreciation by the AO resulted in double disallowance, which is not permissible under the Income Tax Act. Therefore, the ITAT directed the AO to delete the disallowance for AY 2005-06.Disallowance of Depreciation:- The ITAT's decision on the challenge to the jurisdiction of the AO under section 147 read with section 148 for AY 2005-06 applied mutatis mutandis to the appeal for AY 2006-07.- Since the ITAT allowed the appeals based on the preliminary technical issue, the merit-based issues were considered academic and could be raised when necessary.- Ultimately, the ITAT allowed the appeals of the assessee for both assessment years, directing the AO to delete the disallowance of depreciation for AY 2005-06 and by extension for AY 2006-07.This detailed analysis of the judgment highlights the key issues, arguments presented, and the ITAT's decision, providing a comprehensive understanding of the legal aspects involved in the case.
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