https://www.taxtmi.com/caselaws?id=117572 The appeal was allowed in favor of the assessee, granting relief. The Tribunal held that the assessee can choose not to claim depreciation allowance when computing deduction under section 80-IA of the Income-tax Act, 1961, if the depreciation is not claimed in the books of account. The decisions in cases favoring the revenue were deemed per incuriam, and the Tribunal was bound to follow the decision supporting the assessee's position. Therefore, the Assessing Officer cannot impose depreciation allowance for section 80-IA computation in such circumstances. en-us Fri, 29 Apr 2005 00:00:00 +0530 Mon, 25 Jun 2012 11:07:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=117572 The appeal was allowed in favor of the assessee, granting relief. The Tribunal held that the assessee can choose not to claim depreciation allowance when computing deduction under section 80-IA of the Income-tax Act, 1961, if the depreciation is not claimed in the books of account. The decisions in cases favoring the revenue were deemed per incuriam, and the Tribunal was bound to follow the decision supporting the assessee's position. Therefore, the Assessing Officer cannot impose depreciation allowance for section 80-IA computation in such circumstances. Case-Laws Income Tax Fri, 29 Apr 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=117572