2017 (2) TMI 1196

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....dvocate For Respondent ORDER The Court : The dispute involved in this appeal relates to allowing additional depreciation in respect of wind mills to the assessee, though the assessee did not claim such additional depreciation either in the return or by way of a revised return. The fact that such additional depreciation is available in respect of wind mills is not in dispute before us. There ....

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.... "We have heard the rival submission and perused the materials available on record. We find from the arguments of the ld.DR that the assessee had made a claim for additional depreciation on wind mill in the revised computation of income statement filed before completion of assessment proceedings. Admittedly, the assessee had missed the bus in the opportunity provided to him by the statute ....

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....nce in view of the wider powers of the First Appellate Authority. Reliance in this regard is placed on the decision of the Hon'ble Allahabad High Court in the case of Smt.Raja Rani Gulati Vs. CIT reported in (2012) 346 ITR 543 (All)." In the aforesaid decision, the Hon'ble Supreme Court observed:- "The decision in question is that the power of the Tribunal under section 254 of the Inco....