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Income Tax

Depreciation claimed in revised return cannot be denied for non-claim in original return

Case Law Details

Case Name
Gilbarco Veeder Root India Private Limited Vs Dy. CIT (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2011-12
Advertisement Gilbarco Veeder Root India Private Limited Vs DCIT (ITAT Mumbai) Conclusion: Since assessee had duly filed revised return within the mandate of section 139(5), therefore, the same could not be treated as non est and claim of depreciation in revised return could not be denied on the ground that it was not claimed in original return and also, assessee was not required to seek condonation of delay in terms of section 119(2)(b). Held: Assessee claimed depreciation on goodwill in revised return filed under section 139(5). AO disallowed the same holding that enhanced claim in revise...
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