HI FRIENDS, OUR CONSULTANT FILED ITR 6 ONLINE FOR AY 08-09 ON 30 / 09 / 2008. WHILE FILLING THE RETURN ONLINE HE DID NOT CLAIM DEDUCTION U/S 32 FOR DEPRECIATION. WE DID NOT COME TO KNOW THE FACT TILL DATE. NOW AFTER WE SAW THE ASSESSMENT ORDER AND DEMAND NOTICE WE CAME TO KNOW THAT INCOME TAXABLE AS PER ITR6 WAS WRONGLY SHOWN / FILED WITHOUT CLAIMING DEPRECIATION. ASSESSING OFFICER DID NOT CONSIDER REQUEST U/S154 AS REQUEST WAS MADE AFTER ASSESSMENT ORDER WAS PASSED. THE AO IS ASKING US TO GO ON APPEAL. AS PER SECTION 32 EXPLANATION 5 EVEN IF ASSESSEE DO NOT CLAIM DEDUCTION THE SAME SHALL BE CONSIDERED BY THE ASSESSING AUTHORITY.WE SHOWED THE OFFICER FORM 3CD IN WHICH CALCULATION OF DEPRECIATION AS PER IT ACT IS SHOWN, STILL THE DEDUCTION WAS DENIED AS ORDER WAS PASSED. IS ASSESSING OFFICER WRONG IN PASSING THE ORDER WITHOUT CONSIDERING THE DEDUCTION U/S32? NOW WHAT IS THE REMEDY APART FROM APPEAL?
VITTHAL KORATKAR
CAclubindia
