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2013 (5) TMI 254 - ITAT KOLKATADepreciation on assets used in providing services denied - as per CIT(A) appellant cannot claim depreciation on the same infrastructural facilities on which it has already claimed deduction u/s 24 - Held that:- The loss returned by the assessee includes claim of depreciation which depreciation being less than 30% was claimed against 30% statutorily allowable u/s 24(a) would therefore lead to double deduction. Therefore no infirmity in the order of the CIT(A). Licence fees - income from house property v/s income from other source - CIT(A) held the same to be computed under the head "income from house property" - Held that:- No infirmity in the order of the CIT(A) for the simple reason that the assessee himself had bifurcated the income to be shown as income as licencee and income from house property. It was the case that on the basis of facts and circumstances the assets have been put to use or in other words whether it can be allocated to be claimed as income from house property, in so far as, as per the contention of the assessee also providing facilities such as cable, telephone, water which the assessee proposes to hold as assets being put to use for the purpose of rendering income cannot be the end of earnings from its assets, in so far as, CIT(A) rightly considered that section 24(1) provides for claiming of such type of expenditure repairs and maintenance which repairs and maintenance are basically for claiming of depreciation without having actually incurred are in line with the proposition that the assessee cannot claim depreciation after having put them to use. Appeal of the revenue dismissed.
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