2012 (12) TMI 496

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....deshi & Co. JUDGEMENT 1. The basic question raised in this appeal is, whether the assessing officer was justified in thrusting depreciation upon the assessee while computing deduction under Section 80IA of the Income Tax Act, 1961 ('the Act' for short) by invoking jurisdiction under Section 154 of the Act. 2. The assessment year involved herein is AY 2000-01. 3. According the revenue, ....

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.... not in cases where the assessee had not claimed depreciation. In the present case, it is not in dispute that the assessee has not claimed the depreciation while computing its business income. Therefore, on the date on which jurisdiction under Section 154 of the Act was invoked, the issue was covered in favour of the assessee and in any event the issue was debatable. In such a case, no fault can b....