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2015 (10) TMI 2368 - AT - Income TaxDepreciation at higher rates on hydraulic crane - CIT(A) allowed the claim - not the commercial vehicle as held by the AO - Held that:- Similar issued has been decided by this Bench in the case of M/s. Narayani Cranes vs. DCIT (2014 (2) TMI 662 - ITAT JAIPUR) wherein this Bench has allowed depreciation @ 30% on Hydraulic Cranes - Decided against revenue. Disallowance of crane operating expenses and wages - CIT(A) allowed part relief - Held that:- It is observed that the assessee had claimed ₹ 18,60,539/- under the head crane operating expenses. The AO observed that the assessee had made payment of wages in cash and no supporting bills were available. The assessee did not maintain the wages register. The AO observed that only self made vouchers were available which were not subject to verification. Thus in the absence of proper records and primary records the AO made a lump sum addition of ₹ 1.50 lacs which has been reduced by the ld. CIT(A) to ₹ 1.00 lac by considering all the aspects in this case and we find no infirmity in the order of ld. CIT(A) on this issue.- Decided against revenue. Disallowance of conveyance, telephone, advertisement and general expenses - CIT(A) allowed part relief - Held that:- The percentage of conveyance and telephone expenses claimed against the turnover has increased while the turnover has declined as compared to previous assessment year. Therefore, the disallowance of conveyance expense is restricted to 10% of ₹ 2,17,006/- depreciation has not been included in this disallowance. This results in a confirmation of disallowance from conveyance expenditure of ₹ 21,700/-. Similarly, the disallowance on account of telephone expenses is restricted to 10% of the claim resulting in a confirmation of disallowance of ₹ 14,340/-. Regarding the advertisement and general expenditure, it is seen that the percentage of expenses have decline since last year and so ad hoc disallowance of ₹ 10,449/- is not sustained under the head advertisement and general expenses - CIT(A) has taken into consideration all the aspects with regard to claim of the assessee as referred in the above Grounds - Decided against revenue.
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