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2015 (12) TMI 1229 - AT - Income TaxAddition made on account of excess depreciation claimed by assessee - AO has disallowed the depreciation of assessee by treating the transaction as sale of building and plant & machinery inbuilt therein - CIT(A) deleted the addition - Held that:- The assessee is following a policy of deducting the sale proceeds of the office from the building block only. It has properly deducted in this year also as the commercial space is a lease hold property. So the apportionment made by AO between the building and plant & machinery is not justified. The facts in the previous year are identical to the facts as it provided in the assessee’s case as decided by the ITAT to held DR could not produce any evidence in support of the contention that the space sold by the assessee was inclusive of plant and machinery. Respectfully following the order of the Tribunal in assessee’s own case, we are inclined not to interfere with the order of Ld. CIT(A) - Decided against revenue Addition on account of payment of gratuity - CIT(A) deleted the addition - Held that:- Since the payment has actually been made by assessee during the relevant year at the time of the employee leaving the services of the assessee and the same has been recorded in its regular books of account, it can be inferred that the expenditure has actually been incurred by assessee. Hence, we confirm the order of Ld. CIT(A).- Decided against revenue
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