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2023 (10) TMI 1189 - ITAT JODHPURExcess depreciation on the lorry hire charges - @ 30% or 15% - AO restricted the depreciation @ 15% by considering the vehicles as plant and machinery related to assessee’s business - HELD THAT:- Claim of depreciation @ 30% is duly covered by order of Amar Singh Bhandari [2018 (10) TMI 296 - RAJASTHAN HIGH COURT] Accordingly, we set aside the order of the ld. CIT(A) and quash the addition related to rejection of depreciation by the ld. AO. Development charges - Assessee maintains the books of accounts in mercantile system - HELD THAT:- Assessee debited the development charge and also the contra entry was passed and treated the amount as the liability. The assessee is bound to pay the amount as per the agreement. After the settlement of dispute, the amount should be paid to the said authority. We respectfully relied on the order of Udaipur Mineral Development Syndicate (P.) Ltd [2002 (8) TMI 26 - RAJASTHAN HIGH COURT] The said expenses is allowable. The addition made by the ld. AO is quashed. Deduction u/s 80IA - admission of additional evidences - CIT(A) restricting the deduction u/s 80IA to Zero on the pretext that there was loss from business or profession for which application for admitting additional ground was raised before the CIT(A) - HELD THAT:- As assessee placed that a request was made to the ld. CIT(A) related to submission of additional ground during appeal hearing. DR had not made any objection about the submission of the assessee. The matter was remained untouched by the ld. CIT(A). So, in our considered view, ground be remanded back to the file of the ld. CIT(A) for adjudicating the issue after allowing opportunity to the assessee in the set aside proceeding.
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