During the assessment, AO had applied his mind to the depreciation claim in its entirety and had made an addition only with regard to excess depreciation claimed on project development expenses. Therefore, notice issued under section 148 of the Act to examine the claim of depreciation again is against the settled provision of law, and the said notice is liable to be quashed. SLP dismissed on account of delay of 426 days as well as on merits (AY. 2014-15)
ACIT v. Adani Power Ltd. (2026) 309 Taxman 241 (SC) Editorial : Adani Power Ltd v. ACIT (2024) 300 Taxman 484 (Guj)(HC)
S. 147: Reassessment-Notice for reassessment to examine the issue of depreciation already examined by the AO during the course of original assessment is untenable and liable to be quashed-SLP dismissed on account of delay of 426 days as well as on merits. [S. 32, Art . 136]
Leave a Reply