SUDARSHAN JEANS PRIVATE LIMITED,KOLHAPUR vs. ITO, AMBALA

ITA 1070/CHANDI/2024Status: DisposedITAT Chandigarh30 December 2025AY 2015-16Bench: SHRI LALIET KUMAR (Judicial Member), SHRI MANOJ KUMAR AGGARWAL (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the reopening of the assessment was invalid as it was based on a change of opinion without any new tangible material and the assessee had disclosed all material facts during the original assessment. Furthermore, on merits, the electrical installations were considered integral to the plant and machinery and eligible for the claimed depreciation and additional depreciation.

What were the facts?

The assessee claimed depreciation and additional depreciation on electrical installations. The AO reopened the assessment after four years, alleging that these installations did not qualify for additional depreciation and that depreciation was claimed at a higher rate than permissible. The CIT(A) upheld the AO's order.

What were the issues?

Whether the reopening of assessment beyond four years was valid without new tangible material? Whether electrical installations qualify for additional depreciation and higher rate of depreciation as part of plant and machinery?

Which sections of the Income-tax Act were involved?

Section 147,Section 144B,Section 148,Section 143(3),Section 32(1)(iia),Section 142(1),Section 139

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Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH

Before: HON’BLE SHRI LALIET KUMAR, JM & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM

Manoj Kumar Aggarwal (Accountant Member)

1.

Aforesaid appeal by assessee for Assessment Year (AY) 2015-16 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 22-08-2024 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 147 r.w.s. 144B of the Act on 21-03-2022. The sole grievance of the assessee is denial of claim of depreciation / additional depreciation for Rs.58.42 Lacs. The assessee has filed additional ground No.5 assail

The order continues below.

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