ABHISHEK SINGH,PATNA vs. DCIT/ACIT CEN CIR 3,PAT, PATNA

ITA 214/PAT/2026Status: DisposedITAT Patna05 June 2026AY 2011-125 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that depreciation was claimed in the P&L account and the net profit was accepted. In the interest of justice, the issue was remitted back to the AO for examination of the depreciation claim.

What were the facts?

The assessee claimed depreciation in its Profit & Loss account but failed to correctly claim it in the 'Schedule - DP' of the Income Tax Return for AY 2011-12. The AO disallowed the depreciation, and a subsequent rectification application was rejected by the AO and CIT(A) as it was filed belatedly.

What were the issues?

Whether depreciation claimed in the Profit & Loss account should be allowed even if not correctly claimed in the prescribed schedule of the Income Tax Return, and the validity of a belated rectification application.

Which sections of the Income-tax Act were involved?

Section 32,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PATNA BENCH, PATNA

For Respondent: Shri Mingma Sherpa, Sr. DR
Hearing: 01.06.2026Pronounced: 05.06.2026

PER LAXMI PRASAD SAHU, ACCOUNTANT MEMBER

This is an appeal filed by the assessee against the order passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) by the Ld. Commissioner of Income Tax (Appeals), Patna-3 [hereinafter referred to as “the Ld. CIT(A)] dated 30.01.2025, DIN & order No. ITBA/APL/S/250/2025-26/1085336800(1) on the following grounds:

2 Abhishek Singh “The assessee while filing the return of income for the A.Y 2011-12 had claimed depreciation amounting to Rs. 16,86,765/-and declared net income of Rs. 33,00,540/-. However, the Income tax portal while processing the return of income for the A.Y 2011-12 had not allowed the

The order continues below.

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