discretion considers proper including in
particular for off-setting any additional depreciation that
may be charged by the Transferee company.
Explanation: Additional depreciation means
depreciation ... discretion with liberty to set-off against the reserve created against
additional depreciation that may be charged/claimed by the BIL. The
reserve
that the central
issue revolves on the point of admissibility of additional depreciation on plant &
machinery used in the business of mining of coal ... returned income. In the said return, the assessee
had claimed additional depreciation u/s 32(1)(iia) of the Act amounting
Tribunal was justified in law in allowing additional depreciation claim
of Rs. 2,18,50,976/= @ 20% under Section 32 [1](iia) of the
Income ... required to be noted that the
assessee claimed the additional depreciation under Section
erred in maintaining disallowance of
claim of additional depreciation under section 32 (1) (iia) of
the Act of Rs.1, 20, 20, 000/-.
4.That ... submitted that assessment has been reopened on the
ground that additional depreciation and expenses in relation to
exempt income were already on record, therefore
depreciation is disputed stating that the original claim of
depreciation has been wrongly claimed but without disturbing
(rather accepting) such original claim of depreciation ... depreciation and talks about depreciation
claim, the queries raised by the AO were equally relevant for
examining the claim of depreciation as well as additional
erred on facts and in law in confirming the
disallowance of additional depreciation of Rs. 5,25,57,261/- on new wind
mills installed ... depreciation
chart filed with tax audit report.
(b) In assessment proceedings, AO examined the assessee's claim of
depreciation along with additional depreciation
assessee has taken one more ground with regard to
additional depreciation.
28. Sh. Vikram Vijayaraghavan, the Ld.counsel for the assessee,
submitted that the assessee ... claimed additional depreciation. The
Assessing Officer, however, disallowed the claim of the assessee
on the ground that activity of printing and publishing would not
amount
issues in specific related to the claim of additional depreciation under Section
32(1)(iia) in relation to a wind mill owned and managed ... dated 19.01.2015 calling upon the petitioner to justify the claim of
additional depreciation on windmill.The explanation furnished by the petitioner
finds reference
erred in upholding
disallowance of additional depreciation to the tune of Rs.
4,05,12,853 and Rs. 1,52,73,164 on plant ... assessment. AO had further reasons to believe that assessee had claimed
additional depreciation which was not eligible to it by provisions and excess
assessment, the Assessing Officer disallowed the
assessee's claim for additional depreciation under the
provisions of section ... reasons
:-
3
"According to the first reason to not allow additional
depreciation