2022 (3) TMI 1524 - AT - Income Tax

ITAT rectifies error, grants fresh hearing for additional depreciation claim under section 32(1)(iia)

Joshi Technologies International Inc. Versus A.D.I.T. (International Tax), Ahmedabad.

Joshi Technologies International Inc. Versus A.D.I.T. (International Tax), Ahmedabad. - TMI Issues:1. Rectification of error in allowing depreciation at a certain rate.2. Adjudication of additional depreciation claim under section 32(1)(iia) of the Act.Analysis:1. The assessee filed a Miscellaneous Application seeking rectification of an error in the ITAT order related to the allowance of depreciation. The AO disallowed the deduction claimed under section 42 of the Act but granted depreciation on Oil well and Oil field equipment at 10%. The ITAT, relying on the assessee's own case for AY 2005-06, allowed depreciation at a rate of 60%. However, the ITAT mistakenly directed the deletion of an addition made by the AO, which was not actually made. Consequently, the ITAT rectified the error and directed the AO to allow depreciation at 60% as per the relevant provisions.2. The second issue pertained to the assessee's claim for additional depreciation under section 32(1)(iia) of the Act, which the ITAT inadvertently omitted to adjudicate. The assessee requested a fresh hearing on this specific issue. The ITAT acknowledged the mistake and directed the registry to schedule a new hearing for the limited purpose of considering the additional depreciation claim. The grievance of the assessee was allowed, and the case was fixed for a fresh hearing without the need to formally notify the parties.In conclusion, the ITAT rectified the error in allowing depreciation at a certain rate and granted a fresh hearing for the adjudication of the additional depreciation claim under section 32(1)(iia) of the Act. The assessee's Miscellaneous Application was allowed, and the necessary corrections were made in the order.