Pursuant to an amalgamation, the transferor company filed a revised return claiming book depreciation in accordance with the revised financial statements. The Principal Commissioner invoked section 263, alleging excess depreciation by relying on figures pertaining to the transferee company. The Tribunal held that the revision proceedings were founded on incorrect factual assumptions, whereas the depreciation claimed by the transferor company had already been verified by the Assessing Officer and was consistent with the revised financial statements. As there was no error in the assessment order, the revision under section 263 was quashed. (AY. 2017-18)
VITP P. Ltd. v. Dy. CIT (2025) 170 taxmann.com 90 / 121 ITR 19 (SN) (Hyd.)(Trib.)
S. 263: Commissioner-Revision of orders prejudicial to revenue-Book profit-Amalgamation-Depreciation-Revision is invalid where it is based on incorrect facts and the Assessing Officer has already examined the depreciation claim arising from amalgamation.[S. 32, 115JB]
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