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2011 (5) TMI 651 - ITAT, NEW DELHIUnder statement of income – difference in amount received, bills issued and TDS certificates- difference was on account of service tax/ taxes & duties included in bills – dis-allowance of depreciation on basis of date of asset put to use - Held that:- Bills issued by the assessee were inclusive of service tax. Element of service tax cannot be treated as income of the assessee. In another instance also difference was on account of charges of taxes and duties. In respect of depreciation on machines it is observed that once a Government Authority inspecting the equipment certifies the date of power supply to the equipments and after inspection has permitted energisation of the equipment then it has to be accepted that the equipments were put to use at least on the date when Government Authority has issued the certificate. Since no material has been brought on record to show that findings of fact recorded by CIT (A) are contrary to the facts existing on record. In absence of any such material, the grounds of the revenue are dismissed.
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