ACIT v. Crompton Greaves Ltd. ( 2019) 75 ITR 17 (SN )/ (2020) 181 ITD 40 / 203 TTJ 94(Mum.)(Trib.)

S. 43(6) : Written down value-WDV of building had been revised on account of disallowance of depreciation in past years-Depreciation on such higher revised opening WDV of building was to be allowed. [S. 32]

Assessee claimed deprecation on a part of building which became disallowable for period from assessment years 2004-05 to 2007-08. Accordingly amount so disallowed was required to be added to WDV of building as on 1-4-2008. However, since Tribunal order for assessment years 2004-05 to 2007-08, confirming disallowance, came to be passed on 28-3-2012, it had not been possible for assessee to have revised WDV of building for claiming higher depreciation in return of income filed by assessee on 28-9-2009. Tribunal held that  deprecation on higher revised opening WDV of building by revising it on account of disallowance of depreciation in past years was to be allowed. (AY. 2009-10)