2025 (12) TMI 1037

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.... 2. The order passed by ld. Commissioner of Income-tax, Ahmedatsad-3, Ahmedabad (hereinafter referred as to the "PCIT"] is bad in law, invalid and requires to be quashed, the same may kindly be quashed. 3. The Ld. PCIT erred in law AMD on facts in arriving at a conclusion to the effect that the assessment order passed by the AO was erroneous as well as prejudicial to the interest of the revenue on the ground that the order has been passed by the AO without making enquiries/verification, which should have been made in respect of alleged (i) excess claim of depreciation on residential building of Rs. 2,47,260/- (ii) excess claim of depreciation on plant & machinery of Rs. 5,87,427/- (iii) disallowance u/s, 14A r.w.s. 8D for exem....

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....8D of the Income Tax Rules. Further, the Pr. CIT observed that the company claimed depreciation on four types on buildings i.e. factory, building, plant building, office building and residential building. The depreciation has been claimed @ 10% on all four types, whereas the allowable depreciation in the residential building is 5% only. This has resulted in excess claim of depreciation amounting to Rs. 2,47,260/-. The Assessing Officer was required to disallow the same which has not been done in the assessment order. The Pr. CIT further observed that additional depreciation of Rs. 39,16,177/- during the year relating to immediately preceding year on assets put to use for less than 180 days. Normal depreciation has been claimed at 15% on the....

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....oneous as well as prejudicial to the interest of the Revenue on the ground that the order passed by the Assessing Officer was done through various inquiries and verification. The relevant point i.e. excess claim of depreciation of residential building, excess plan of depreciation on plant and machinery, disallowance u/s. 14A r.w.s. section 8D for exempt income earned by the assessee during the year and allowability of deduction claimed u/s. 80G of the Act in respect of CSR expenses, the assessee has already given explanation to the Assessing Officer. At the time of assessment order, the ld. A.R. further submitted that the in assessee's own case of assessment year 2018-19 the same issues were taken into account by the Pr. CIT u/s. 263 and th....