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2010 (8) TMI 307 - HC - Income TaxRepair - Assessee has carried out the repairs to the roof and in respect of the expenditure of the repairs of which the Appellant is claiming deduction – Assessing officer was of the view that since the Appellant occupied 3700 sq,ft, area out of the total area of 30,000 sq.ft, appellant is allowed deduction only on prorata basis - In the light of Section 38 of the said Act, the order of the Assessing Officer as well as the Tribunal allowing proportionate deduction cannot be faulted with – Thus the Appeal to stand dismissed and against the assessee. Even though the repair expenditure is allowed as revenue expenditure, the assessee is entitled to claim by way of deduction only that proportion computed by the assessing officer on the basis of occupancy of floor area.
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