2021 (6) TMI 283

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....DER Manoj Kumar Aggarwal, Member (A) 1. Aforesaid appeal by revenue for Assessment year [AY in short] 2012-13 contest the order of Ld. Commissioner of Income Tax (Appeals)-10, Mumbai [in short CIT(A) ] dated 31/05/2019 which has invalidated the reassessment proceedings as initiated by Ld. AO for the year under consideration. 2. After hearing rival arguments, our adjudication to the subjec....

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.... 180 days, the assessee was not eligible to claim the depreciation and accordingly, there was excess depreciation claim for Rs. 125.69 Lacs. 3.2. The assessee while opposing the reassessment proceedings, submitted that the windmill was out to use for more than 180 days and the claim was rightly made and allowed. This aspect was already examined by Ld. AO during scrutiny assessment proceedings u....

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....on the decision of Hon'ble Apex Court in Kelvinator of India Ltd. (2010; 320 ITR 561) for the submissions that in the absence of any new tangible material, the case could not be reopened on mere change of opinion. 5. The Ld. CIT(A) appreciated the details & evidences furnished by the assessee with respect to depreciation claim during original assessment proceedings u/s 143(3). The same has ....

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....deration of issue on merits, was held to be infructuous. Aggrieved, the revenue is in further appeal before us. 6. Upon careful consideration of the impugned order, it is quite evident that the original return of income stood scrutinized u/s 143(3) wherein assessee' claim of depreciation was duly examined by Ld. AO. The claim was allowed after due application of mind. The requisite document....