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2013 (3) TMI 243 - RAJASTHAN HIGH COURTDisallowance of depreciation on building and interest paid to the bank - ITAT affirmed the order of CIT(A in deleting disallowance as AO has nowhere in the assessment order pointed out any defect in the books of account - revenue appeal - Held that:- The grounds as urged and the questions as suggested all essentially relate to the matters of appreciation of evidence for a factual enquiry and rendering of findings on facts about the factory building construction. AO has brought nothing on record to show that the appellant has not incurred expenditure on labour payment and for purchase of material AO disallowed a part of the claim made by the assessee with reference to his view of the material on record. However, the CIT(A) disagreed with the findings of the AO after analyzing the material on record and also after referring to the ground realities as well as obvious inconsistencies in the order of the AO. Then, the Tribunal found no reason to interfere while proceeding on relevant considerations. The matter essentially related to the facts but the approach of the AO could not have been approved when the same had been either too theoretical or carried obvious inconsistencies like total disallowance of the claim towards labour payment despite there being addition to the factory building during the period in question. Thus the findings on facts have been rendered by the two appellate authorities in accordance with law and the orders impugned do not appear suffering from any perversity or wrong application of any principle of law - in favour of assessee.
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