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2020 (10) TMI 1085 - ITAT PUNEDepreciation claim on motor vehicles - Personal use v/s business use - Disallowance of claim as vehicles were purchased in the name of the directors of the assessee company - HELD THAT:- As decided in assessee's own case [2019 (1) TMI 1816 - ITAT PUNE] there cannot be any disallowance of personal expenses for cars on account of personal use by the director. It has been further held that no disallowance can be made even by treating such expenditure as not having been incurred for the business purpose - there can be no disallowance on account of personal use by the director-employees of the assessee. Such an amount can be treated as a perquisite in the hands of the employees - Decided in favour of assessee. Disallowance u/s.80IA(4) - As per AO Assessee had claimed deduction u/s.80IA(4)(iii) of the Act without complying with the provisions of the Act and Income Tax Rules - HELD THAT:- This issue is also covered in favour of the assessee by the order of Pune Bench of the Tribunal [2018 (8) TMI 1993 - ITAT PUNE] wherein placing reliance on the decision of the Hon‟ble Jurisdictional High Court in the case of CIT Vs. Paul Brothers [1992 (10) TMI 5 - BOMBAY HIGH COURT] wherein held unless the relief claimed in the first year of undertaking is withdrawn, the AO cannot withhold the relief for the subsequent years. As claim is allowed for first year of undertaking, the AO cannot withdraw the deduction - Decided in favour of assessee.
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