1982 (2) TMI 150

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....assessee did not claim any depreciation and this fact was noticed by the ITO and he made the assessment without giving any depreciation. On 21st March, 1977, the ITO felt that there was a mistake apparent from record in not allowing depreciation. He. Therefore, passed an order under s. 154 and depreciation was allowed. That order of the ITO was the subject matter of appeal before the Tribunal in I....

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....y the ITO under s. 154 whereby depreciation was granted. 3. From the above, it is clear that the subsequent order dt. 22nd July, 1978 under s. 154 cannot stand for the reasons mentioned by the Tribunal which cancelled the earlier order dt. 21st March, 1977 passed under s. 154. On the same parity of reasoning the second order under s. 154 cannot stand. Further, the first original order under s. ....