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2019 (4) TMI 1577 - ITAT DELHIDisallowance of deduction u/s. 35ABB and membership fee to various clubs - HELD THAT:- Issue decided in the cases of assessee itself for A.Yrs.2002-03 to 2008-09 in favour of assessee. Disallowance of business loss - HELD THAT:- As examined the schedule “BP” of ITR-6 regarding computation of income from business or profession and we find that at Sr. No. 12(ii), the assessee has mentioned the figure of ₹ 49,83,62,873/- under the head depreciation allowable u/s. 32(1)(i). This figure is filled manually by the assessee while filing ITR-6. However, Schedule “DPM” & Schedule “DOA” pertaining to depreciation of plant & machinery and depreciation on other assets, are lying blank. It is not understandable as to why these schedules were kept blank by the assessee when he has claimed depreciation. This may also affect the business losses claimed by the assessee. AO also required to examine and verify the figure of depreciation mentioned at Sl. No. 11 and at sl. No. 12(ii) of ₹ 49,83,62,873/- of Schedule “BP” whereas in Profit and loss account, the amount of depreciation is shown at ₹ 95,01,65,233/- at Sl. No. 42. All these distorted figures shown in the return of the assessee need to be examined and verified thoroughly by the AO before arriving at correct business losses admissible to the assessee. No justification in the direction of the ld. CIT(A) to take the business loss of ₹ 94,10,62,358/-. Accordingly, this issue is restored back to the file of Assessing Officer for making proper verification of the figures returned by the assessee in ITR-6 as noted above and thereafter he shall work out correct business profit/losses of the assessee. The assessee is directed to reconcile all the figures shown in ITR-6.
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