Indauto Filters v. ADIT (2022) 197 ITD 660 / (2023) 102 ITR 403 (Bang.)(Trib.)

S. 32 : Depreciation-Intimation-Not claimed in the return by mistake-Rectification-As per Explanation 5 to section 32, even if depreciation was not claimed in return of income depreciation is allowable. [S. 139. 143(1), 154]

The depreciation was not claimed in the return due to mistake. After receipt of the intimation the assessee had filed a rectification correcting  the omission which had not been given effect. Held that as per Explanation 5 to section 32, even if depreciation was not claimed in return of income, assessee shall be allowed same-Whether, therefore, impugned disallowance made under section 32 was to be deleted in view of Explanation 5 of said provision.  (AY. 2016-17)