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2015 (6) TMI 593 - AT - Income TaxDepreciation of hoardings - allowed @ 100% or 50% as it was used for less than 180 days - Held that:- Issue involved is duly covered by the decision of the Tribunal in assessee's case for A.yrs.2004-05 and 2005-06 wherein held that AO has not brought any evidence regarding the durability of the hoardings. The AO's observations appears to be a guess work in respect of quality of structure of the boards. The assessee has asked for 100% depreciation on the structure used for less than 180 days on account of non durability of its structures. - Decided in favour of assessee. Disallowance of deduction u/s 80IA on Bus Shelters and Foot Over Bridges - Held that:- The issue which was not the basis of disallowance by the AO and the same was not the subject matter of consideration by the ld. CIT(A) and the same was also not the subject matter of the ground of appeal taken before ITAT the issue now being raised by the ld. DR need not be adjudicated by us. Hence on the issue as to whether foot over bridges and bus shelters qualify for deduction of section 80IA of the Act we hold that the ld. CIT(A) is correct in holding the assessee's entitlement for deduction u/s 80IA of the Act. - Decided in favour of assessee.
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