2018 (6) TMI 895

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....claring a total income of Rs. 7,75,827/-. In the assessment originally completed under section 143(3) vide an order dated 17.12.2009, the total income of the assessee was determined by the AO at Rs. 81,70,940/-. Subsequently the AO came to notice that the claim of the assessee of additional depreciation on certain assets was wrongly allowed in the assessment completed under section 143(3). He, therefore, reopened the said assessment and issued the notice under section 148 after recording the reasons. The assessee did not file any return of income in response to the notice under section 148 and also failed to comply with the notices issued by the AO during the course of assessment proceedings requiring it to explain the issue relating to the....

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....essment as well as disputing the addition on merit and dismissed the appeal of the assessee. Aggrieved by the order of the Ld. CIT(A), the assessee has preferred this appeal before the Tribunal. 4. We have heard the arguments of both the sides and also perused the relevant material available on record. While supporting the case of the assessee on the preliminary issue challenging the validity of assessment made by the AO under section 147/144, the learned counsel for the assessee has contended before us that the assessment originally completed by the AO under section 143(3) was reopened on 31.03.2014 that is after a period of 4 years from the end of the assessment year under consideration. In this regard, he has relied on the first provi....

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....,28,639/- made to building, Rs. 5,85,56,051/- to Plant & Machinery and Rs. 20,84,148/- to vehicles. It further revealed from the details of addition (Direct) to Fixed Assets as per Capitalisation Register, addition of Rs. 45,28,639/- was made to building on 18.11.2006 and addition of Rs. 5,84,01,426/- and Rs. 1,18,520/- was made to Plant & Machinery on 18.11.2006 & 31.03.2007 respectively. The assessee company claimed 50% rate of normal as well as 50% rate of additional depreciation only on plant & machinery costing Rs. 14,99,914/- and full rate of normal depreciation claimed on addition of Rs. 45,28,639/- to building and full rate of normal as well as full rate of additional depreciation claimed on addition of Rs. 5,70,20,033/- in Plant & ....