Lord Krishna Rice Mills, Karnal vs. ITO, Ward-2, Karnal
In the result, the appeal filed by the assessee is allowed for statistical purposes
ITA 9009/DEL/2019[2014-15]Status: DisposedITAT Delhi18 Mar 2021AY 2014-15
Bench: Shri R.K. Panda & Ms Suchitra Kambleassessment Year: 2014-15 Lord Krishna Rice Mills, Vs Ito, C/O S.B. Gupta, Advocate, Ward-2, 3/93, Mall Road, Karnal. Karnal, Haryana. Pan : Aabfl5926H (Appellant) (Respondent) Assessee By : None Revenue By : Mrs. Shivani Bansal, Sr. Dr Date Of Hearing : 10.03.2021 Date Of Pronouncement : 18.03.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27Th September, 2019 Of The Cit(A), Karnal, Relating To The Assessment Year 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Partnership Firm & Derives Income From Manufacturing & Trading Of Rice By Husking Of Paddy & Sales Thereof. It Filed Its Return Of Income On 25Th September, 2013 Declaring An Income Of Rs.3,41,830/-. The Ao Completed The Assessment U/S 143(3) Of The Act On 15Th February, 2016 Determining The Total Income Of The Assessee At Rs.7,65,330/- Wherein He Made Certain Additions. During The Course Of Assessment Proceedings, The Assessee Has Claimed Additional Depreciation On Purchase Of Machinery Of Rs.1,17,14,501/-. The Claim Of The Assessee For Additional Depreciation Was Rejected By The Ao Keeping In View Of The Decision Of The Hon’Ble Supreme Court In The Case Of M/S Goetze (India) Ltd. Vs. Cit Reported In 284 Itr 323, Since The Said Additional Depreciation Was Not Claimed By The Assessee Either In The Original Return Or Through The Revised Return.
For Appellant: NoneFor Respondent: Mrs. Shivani Bansal, Sr. DR
Section 143(3)Section 254Section 32(1)
…nal depreciation on purchase of machinery of Rs.1,17,14,501/-. The claim of the assessee for additional depreciation was rejected by the AO keeping in view of the decision of the Hon’ble Supreme Court in the case of M/s Goetze (India) Ltd. vs. CIT reported in 284 ITR 323, since the said additional depreciation was not claimed by the assessee either in the original return or through the revised return. 3. Before the CIT(A), apart from challenging the other additions, the assessee challenged the order of the AO in denying the claim of additional depreciation which is the subject matter of appeal before the Tribuna…