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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench This assessee’s appeal for A.Y. 2014-15 arises against the Commissioner of Income Tax (Appeals)-12, Bengaluru [CIT(A)]’s DIN No. ITBA/APL/M/250/2023- 24/1054737656(1) dated 31.07.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).
Heard both the parties. Case file perused.
Learned counsel for the assessee submits at the outset that the assessee does not wish to press for his first to fifth substantive grounds raising the issue of section 35AD deduction. Rejected in very terms.
Darwin Cruiz Manuel 3. Next comes assessee’s depreciation disallowance of Rs.1,03,06,817/-. It emerges during the course of hearing that neither the learned Assessing Officer nor the learned CIT(A) appear to have examined the same in light of the assessee’s corresponding block of assets in the depreciation schedule. That being the case, we deem it appropriate to restore this latter substantive ground back to the Assessing Officer for his actual verification and adjudication at the risk of the assessee to plead and prove the facts within three effective opportunities in consequential proceedings.
This assessee’s appeal is partly allowed for statistical purposes.
Order pronounced in the open court on 23rd October, 2024 under Rule 34 of The Income Tax (Appellate Tribunal) Rules, 1963. Sd/- Sd/- (Amarjit Singh) (Satbeer Singh Godara) Accountant Member Judicial Member