SURYA VIDYUT LIMITED ,KOLKATA vs. ACIT, CIRCLE - 5(2), KOLKATA , KOLKATA

This is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax (Appeals)-2, Kolkata [‘CIT(A)’ for short] dated 04.06.2018 u/s 250 of the Income Tax Act, 1961 (‘the Act’ for short) for AY 2013-14.

After hearing rival contentions we find that the sole issue is the non-mentioning by the AO in his assessment order passed u/s 143(3) of the Act, the fact of allowing the carry forward of unabsorbed depreciation allowance of ₹3,54,05,017/- u/s 32(2) of the Act. A perusal of the assessment order demonstrates that the claim of the assessee has not been rejected by the AO. The ld. CIT(A) has not adjudicated this issue on the ground that the assessee has not submitted any written or oral arguments or evidences. 3. Under these circumstances, as the carry forward of unabsorbed depreciation u/s 32(2) of the Act, is the right of the assessee and as this fact has to be mentioned by the ld. AO in his order, we set aside this issue to the file of the AO with the direction to grant the same to the assessee in accordance with law.