Rectification order U/s.154 Rejection.

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This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

14 February 2011 I have filed return for Asst.yr :2009-10 on 24th Sept, 2009. Intimation was processed by CPC on 24/06/2010 received on 10th July,2010. Depriciation was not deducted as it was not filed but claim was in P & L and in Audit Report. In june,2010 there was no facility for online rectification. Manual Application U/s.154 was submitted on 17/07/2010 which was rejected by CPC. Letter dated : 29th January, 2011 state " On verification, it is seen that there is no prima facie error in order which you have sought to be corrected. There fore your application U/s.154 rejected for the following rejection "Schedule DEP, DPM, DOA of income tax return is not filed by the assessee for the claim of depriciation and Schedule BP not properly fill by the asseee".

My question are :

1. there is claim in P & L, depriciation claimed. Auditor is also certified the same. It is only depriciation disallowed. Application U/s.154 filed again (Online Rectification with XML to CPC) ?

2. Can I file revised return as One year is not completed from the assessment year ?

3. If is not prima facie error, How CPC can make addition without seeking explanation ?

4. Suggest remeady. Give suggestion.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

14 February 2011 Schedule DEP, DPM, DOA of income tax return is not filed by the assessee for the claim of depriciation and Schedule BP not properly fill by the asseee".
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"Section 32(1)(ii) Explanation 5 -"

For the removal of doubt , it is hereby declared that the provisions of this sub-section shall apply whether or not the assessee has claimed the deduction in respect of depreciation in computing his total income
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According to the above depreciation even if not claimed should be allowed by the Department. In my view, they must be contacted by taking the above plea.
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As one year from the date of return filing has already been passed, it will be better to prefer an appeal before CIT, by requesting for condoning delay , if there be any.

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