TMI Blog2012 (8) TMI 1127X X X X Extracts X X X X X X X X Extracts X X X X ..... peals)-XXVIII, New Delhi dated 19.10.2011 pertaining to assessment year 2008-09. 2. The grounds of appeal read as under:- i) The Ld. Commissioner of Income Tax (A) has erred in law and in facts and circumstances of the case in failing to appreciate the facts of the case and the applicability of section 199 of the Income Tax Act, 1961 in the present case and upholding the assessment order and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred in law and in facts and circumstances of the case by not allowing the depreciation @15% on the mobile phone amounting to ` 2,525/-. This finding is in express violation of the scheme set by Section 32(1)(ii) of Income Tax Act, 1961 and also in contravention with the CBDT Circular No. 469 dated 23.9.1986 and the decision of the Delhi High Court in C.I.T. vs. Oswal Agro Mills Ltd. [I.T.A. No. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e income assessable during the year. Hence, on the total fees of ` 414270/-, the assessee declared ` 42670/-. Hence, Assessing Officer held that proportionate comes to 4395/-. Therefore, he held that credit for balance TDS of ` 38275/- is not allowed during the as per the provisions of section 199. 4. Upon assessee s appeal Ld. Commissioner of Income Tax (A) confirmed the Assessing Officer s ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction was made. 6.3 In this case as the fee of ` 414270/- was not received in the period under appeal, Hence the assessee did not account for the same as it followed cash system of accounting. However to the extent TDS was deducted and paid to the Central Government on behalf of the assessee the same was accounted for as income and benefit of TDS involved was claimed by the assessee. 6.4 I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le has not been allowed during the year on the ground that the same was lost during the year. In such a situation, the entire cost of the mobile has to be taken out from the block. Accordingly, I remit this issue to the file of the Assessing Officer to consider the issue afresh, in light of my observation as above and by reference to section 32(1)(iii) of the I.T. Act. 10. In the result, the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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