Revenue expenditure treated as capital expenditure by it ao

This query is : Resolved

kabeer naidu (Querist)
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28 March 2012 1) Company claimed Rs 20 lacs as revenue expenditure
2) IT Assessing Officer disallowed the same treating as capital expenditure in AY 2005-06 (He had given Rs 2 lacs as depreciation allowance in same AY 2005-06)
3) This case came in favor of IT AO in AY 2010-11

Now QUERY IS ;-
Is company can claim Rs 12 as depreciation allowance while filling the return in AY 2012-13 ( 6X2)

CA. RAGHAV GARG

CA. RAGHAV GARG (Expert)
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29 March 2012 No Kabir,

As per Sec 32, you cann't claim deduction of more then 10% on Furniture(assumed being 10%allowed by AO).

You can only revise two year Returns and claim depreciation, but you can nowownwards charge depreciation on WDV of Rs. 18Lacs.