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2014 (2) TMI 222 - AT - Income TaxDeletion made u/s 40(a)(ia) of the Act Held that:- The Provisions of s. 40(a)(ia) are applicable only to the amount of expenditure which is payable as on 31st March of every year and it cannot be invoked to disallow the expenditure which had been actually paid during the previous year without deduction of TDS - There was no contract between the assessee and M/s Keshriyaji Marble & Granites Pvt. Ltd. -The assessee was purchasing the marble blocks from the market - nothing was payable as on 31/03/2007 on account of job charges Following the Decision of Merilyn Shipping & Transports Vs. Addl. CIT Range-1, Viskhapatanam [2012 (4) TMI 290 - ITAT VISAKHAPATNAM ] the addition made by the Assessing Officer deleted - No contrary decision was brought on record There was no infirmity in the order of the learned CIT(A) who has deleted the addition Decided against Revenue. Deletion on account of excess deprecation on dumpers Held that:- The decision in Asstt. CIT Versus M/s Sayeed Iqbal [2014 (1) TMI 744 - ITAT JODHPUR] followed - the assessee was eligible for claiming depreciation at the same rate at which depreciation was allowable on motor lorries - The CIT(A) has allowed the claim of the assessee by following the decision of the jurisdictional Tribunal and nothing is brought on record that the decision of the ITAT Jodhpur Bench relied by the learned CIT(A) had been reversed by the higher forum Decided against Revenue.
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