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2015 (8) TMI 122 - AT - Income TaxDisallowance of brought forward business loss/ unabsorbed deprecation - Assessee has filed the Application u/s. 154 - Held that:- We are of the view that assessee has elaborately disclosed in the Application u/s. 154 of the I.T. Act to the AO regarding income assessed by the AO as well as the income declared by the assessee. In the Application, the Assessee’s Authorised Representative has submitted that the assessee is in receipt of assessment order wherein income declared by the assessee (before adjustment of brought forward losses/unabsorbed deprecation claimed of ₹ 10,52,533/-) has been shown in the last page of the assessment order at ₹ 13,10,582/-. Whereas the income declared by the assessee before such adjustment. The Assessee has also enclosed the computation of income for the assessment years 2005-06, 2006-07, 2007-08 & 2008-09 with the said letter dated 25.8.2011 to the AO. The Assessing Officer and the Ld. First Appellate Authority has not appreciated the contention of the assessee. Thus the issue involved regarding the disallowances of brought forward business loss/ unabsorbed deprecation are required to be reexamined at the level of the AO. Therefore, we set aside the issue involved to the file of the AO to decide the same afresh, under the law, after giving adequate opportunity of being heard to the assessee. - Decided in favour of assessee for statistical purposes. Adhoc disallowance on account of telephone expenses and vehicle expenses - Held that:- The issue involved are covered in favor of the assessee, in view of the decision of SGS India Private Limited vs. Addl. CIT [2012 (8) TMI 255 - ITAT, MUMBAI]. We also find that this issue has already been decided by the Ld. CIT(A) in the case of the assessee in assessee’s own case for the assessment year 2007-08 and 2008-09 which have attained finality. Thus we are of the view that the adhoc addition on account of telephone expenses and vehicle maintenance expenses are not required in the case of the assessee - Decided in favour of assessee.
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