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2016 (1) TMI 1398 - ITAT AHMEDABADAddition u/s 14A - assessee has not made any claim for exemption - Held that:- Admittedly the assessee has not claimed any exempt income in the instant case. Therefore the ratio laid down in the judgment relied upon by the Learned CIT(A) passed by the Hon’ble Jurisdictional High Court in the case of Corrtech Energy Ltd. [2014 (3) TMI 856 - GUJARAT HIGH COURT] where the assessee has not made any claim for exemption of any income payment of tax, no disallowance could be made u/s 14A of the Act has rightly been applied by the Learned CIT(A). In the absence of any infirmity in the order passed by the Learned CIT(A), the same is confirmed by us. In the result, revenue’s ground of appeal is dismissed. Addition on account of disallowance of depreciation on Car - vehicle was not registered in the name of the assessee but in the name of the Directors - Held that:- Judgment passed by the Apex court in the matter of Mysore Minerals-vs-CIT (1999 (9) TMI 1 - SUPREME COURT) also confirms that merely because the vehicles are not registered in the name of the company but in the name of the Directors the assessee cannot be denied of the claim of depreciation. It is not necessary that the vehicle ought to have been registered in the name of the assessee claiming depreciation. Further that it was also pointed out by the Learned CIT(A) that in the assessee’s own case for A.Y. 2010-11 such addition made by the Learned Assessing Officer was deleted. - Decided in favour of assessee Addition u/s 145A on account of unutilized CENVAT Credit - Held that:- Addition on unutilized CENVAT credit was made u/s 145A of the Act by the Learned AO in assessee’s own case for A.Y. 2010-11 the same was deleted by the first appellate authority holding the said credit cannot be a subject matter of addition u/s 145A of the Act being tax neutral. We find no merit in the case made out by the Revenue neither any infirmity in the order impugned before us. - Decided in favour of assessee
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