Depreciation disallowance upheld on binding precedent, while section 80IB and section 14A issues were remanded for fresh adjudication.

Depreciation disallowance was upheld because the issue was already covered against the assessee by binding jurisdictional High Court precedent. The deduction claim under section 80IB required fresh consideration on the set-off of interest expenses against interest income, so that issue was remanded to the appellate authority with an opportunity of hearing. The disallowance under section 14A read with Rule 8D, including its impact on book profit under section 115JB, was also restored for reconsideration in accordance with law and natural justice. The appeal was thus partly allowed, with one issue sustained and the remaining issues sent back for fresh adjudication.

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Issues: (i) whether the disallowance of the claim of depreciation was sustainable in view of binding jurisdictional precedent; (ii) whether the claim for deduction under section 80IB of the Income-tax Act, 1961 required reconsideration on the question of set off of interest expenses against interest income; and (iii) whether the disallowance under section 14A of the Income-tax Act, 1961 read with Rule 8D of the Income-tax Rules, 1962, including its effect on book profit under section 115JB, required fresh adjudication.

Issue (i): Whether the disallowance of the claim of depreciation was sustainable in view of binding jurisdictional precedent.

Analysis: The issue was treated as already covered against the assessee by the jurisdictional High Court decision relied upon in the proceedings. On that basis, the disallowance made by the assessing authority and sustained by the first appellate authority was affirmed.

Conclusion: The disallowance of depreciation was upheld and the issue was decided against the assessee.

Issue (ii): Whether the claim for deduction under section 80IB of the Income-tax Act, 1961 required reconsideration on the question of set off of interest expenses against interest income.

Analysis: The matter was restored to the first appellate authority for re-adjudication after affording a reasonable opportunity of hearing and after following the binding judgments governing the setting off of interest expenses against interest income for computing the deduction under section 80IB.

Conclusion: The issue was remanded for fresh adjudication and was decided in favour of the assessee to that extent.

Issue (iii): Whether the disallowance under section 14A of the Income-tax Act, 1961 read with Rule 8D of the Income-tax Rules, 1962, including its effect on book profit under section 115JB, required fresh adjudication.

Analysis: The additional ground was admitted and the matter was remanded to the first appellate authority for fresh adjudication in accordance with law and the principles of natural justice.

Conclusion: The issue was restored for reconsideration and was decided in favour of the assessee to that extent.

Final Conclusion: The appeal was partly allowed, with one issue sustained against the assessee and the remaining issues sent back for fresh adjudication.

Ratio Decidendi: Where an issue is already covered by binding precedent, the disallowance is to be sustained, while issues requiring factual verification or reconsideration of the computation are to be remanded for fresh adjudication after affording a reasonable opportunity of hearing.

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