ITAT Remits Bogus Depreciation Disallowance for Fresh Adjudication :

ITAT Remits Bogus Depreciation Disallowance for Fresh Adjudication

The ITAT Delhi directed CIT(A) to provide three effective opportunities before deciding depreciation claim.

ITAT Cites Natural Justice Violation

authorSaimadateSep 28, 2026
Last update on Sep 28, 2026

The assessee is M/s. Monnet Ispat & Energy Ltd. and is engaged in manufacturing of sponge iron, steel, structural steel, ferro alloys, power generation, coal mining and trading, filed its return for AY 2012-13 declaring income of Rs. 2,35,23,11,920. The assessment was completed under Section 143(3) of the Income Tax Act, 1961.

ITAT Upholds PCIT's Section 263 Revision Over AO's Incomplete Inquiry into Bogus Purchases

A search and seizure operation conducted on 19/11/2010 revealed material indicating that certain fixed-asset purchases shown by the assessee were not genuine. According to the AO, bills were received and payments were made through cheques, followed by receipt of cash, and the underlying purchases were treated as sham transactions. Consequently, depreciation claimed on such assets was treated as bogus. The AO originally disallowed Rs. 6,07,71,714 towards bogus depreciation. On appeal, the CIT(A), restricted the disallowance to Rs. 4,90,75,001/-. Aggrieved, the assessee approached the Tribunal.

Sapphire Foods India Receives INR 1.40 Million GST Show-Cause Notice Over Alleged Incorrect ITC Availment and Utilisation

Before the Tribunal, the assessee had argued that the assessment violated the principles of natural justice, since the material seized from third parties and statements recorded from them had allegedly been relied upon without confronting the same to the assessee or providing an opportunity of cross-examination. The Tribunal found substance in the assessee's grievance that no show-cause opportunity had been provided to present its case. In the interest of natural justice, the Tribunal held that the matter required reconsideration by the CIT(A).

ITAT Holds Debatable PF/ESI Issue Cannot Be Adjusted Under Section 143(1)

Accordingly, the Tribunal set aside the issue to the file of the CIT(A) for fresh adjudication. The CIT(A) was specifically directed to provide the assessee three effective opportunities to present its case, while the assessee was directed to avail those opportunities and furnish the necessary evidence and documents.

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Saima

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Saima is a Law graduate with a passion for research and content writing. She writes for Finance, Taxation and Legal Updates at Studycafe.in, simplifying complex legal decisions by the ITAT, High Court, AAR and GSTAT into uncomplicated and clear explanations.
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