Nikul J. Patel v. CIT (2022) 95 ITR 50 (SN)(Ahd) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loss on sale of shares-capital loss or speculation loss-Revision justified-Block of assets-Depreciation-Project kept ready to use-Revision is not justified. [S. 32, 43(5)]

Held that even though the quantitative details of the shares traded in by the assessee were reflected in the audit report filed by the assessee with his return, there was nothing on record to show that any inquiry whatsoever was made by the Assessing Officer to ascertain whether the loss claimed by the assessee on sale of shares was in the nature of capital loss or speculation loss. The Assessing Officer had not called for relevant details to ascertain the exact nature of transactions effected by the assessee in shares or futures. Thus there was an error in the order of the Assessing Officer which was prejudicial to the interests of the Revenue. Held that an individual item of plant and machinery loses its identity once it enters the block and the user condition is not required to be satisfied vis-à-vis every item of plant and machinery for claiming depreciation in respect of the entire block. The claim of the assessee to depreciation on plant and machinery pertaining to the Andhra project and earth-work project was rightly allowed by the Assessing Officer.(AY.2009-10)