2000 (6) TMI 135

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....ates, the AO has allowed the claim of the assessee. 3. The learned counsel for the assessee has submitted that during the course of assessment the AO has raised a specific query with regard to the registration of the firm and depreciation on centering plates and the queries were duly replied to by the assessee along with the material evidence. Having satisfied with the reply to the queries and the material available on record the AO allowed registration of firms and granted 100 per cent depreciation on centering plates. In support of his contention the learned counsel has invited our attention to the queries raised by the AO and the reply of the assessee along with the evidence appearing at pp. 16 to 23 of the compilation of the assessee....

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....1996) 131 CTR (All) 178, (ii) Vidisha Tractors vs. Asstt. CIT (1995) 53 TTJ (Ind) 432; (iii) CIT vs. Shri Govindram Seksariya Charity Trust (1987) 65 CTR (MP) 28 : (1987) 166 ITR 580 (MP); and (iv) CIT vs. Ratlam Coal Ash Company (1987) 65 CTR (MP) 305 : (1987) 171 ITR 141 (MP). 4. The learned Departmental Representative, on the other hand, submitted that the claim of the assessee with regard to 100 per cent depreciation on steel centering plates was not properly examined by the AO while allowing the claim of the assessee. Whatever assessee stated before the AO, it was accepted by him without applying his mind to the fact that one single centering plate did not constitute plant and machinery; rather all the plates taken together....

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....bmissions and from a careful perusal of record we find that the issue of status of the assessee was duly examined by the AO during the course of assessment proceedings. It is obvious from record that the AO raised the specific query with regard to non-filing of certified copy of the partnership deed and in response to that a certified copy of the partnership deed duly certified by the partners was filed during the course of assessment proceedings. A specific observation of the AO in this regard is evident from the assessment order. It has been repeatedly held that omission of filing a certified copy of the partnership deed along with the return of income is only a procedural irregularity and the same can be rectified by filing a certified c....