Allowing the appeal the Tribunal held that the AO was also directed to give telescoping from the surrendered income if the assessee had paid taxes on the entire surrendered amount. If it was found otherwise, the Assessing Officer was directed to consider the amount on which the assessee had paid taxes. The Assessing Officer was also directed to grant depreciation on the hotel building if the assessee was eligible under the Act and if the depreciation was not claimed while calculating the taxable income of the assessee.( AY.2009-10)
Tarlok Kumar v. ACIT (2020) 81 ITR 462 ( Amritsar ) (Trib)
S. 69B : Amounts of investments not fully disclosed in books of account – Survey -Hotel business- Telescoping- Entitle to Depreciation on eligible on hotel building- Matter remanded . [ S.133A ]