Safikahmed Mehamudali Ansari Vs ITO (ITAT Ahmedabad)
The case of Safikahmed Mehamudali Ansari vs. Income Tax Officer (ITO) was heard by the Income Tax Appellate Tribunal (ITAT), Ahmedabad, regarding an assessment for the Assessment Year (AY) 2018-19. The Assessee filed an appeal against the order passed by the Commissioner of Income-tax (Appeals) under Section 250 of the Income-tax Act, 1961. The key issue raised by the Assessee was the disallowance of a depreciation claim amounting to Rs. 20,63,673/-, which was incorrectly rejected by the assessing officer despite being allowed in previous and subsequent years. The Assessee contended that this disallowance was made due to a clerical mistake.
During the hearing, the Assessee’s counsel argued that the depreciation should have been allowed since it had been accepted in both the preceding and succeeding years. In light of this, the ITAT decided to remand the matter back to the Assessing Officer. The Assessing Officer was directed to review the claim of depreciation, taking into account the consistent treatment of the claim in the prior and subsequent years, and pass a fresh order under Section 154 of the Income-tax Act. The appeal was allowed for statistical purposes, with the matter to be re-examined by the assessing officer.
