The assessee had claimed depreciation at rate of 15 percent on water supply and drainage which was allowed . The assessment was completed u/s 143 (3) of the Act .  Assessing Officer had raised an identical query and thereupon he had accepted assessee’s explanation and, claim of excess rate of depreciation was restricted to non-productive assets only .  It was also found that for very same reason, Commissioner had issued notice under section 263 but, after considering assessee’s reply, said proceedings were dropped . Tribunal quashed the reassessment proceedings . On appeal by revenue the court held that when reasons for reopening of assessment were subject matter of proceedings under section 143(3) or proceedings under section 263, once again, for very same reasons, power under section 147 could not be invoked  (AY. 2008-09)