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2018 (3) TMI 1801 - AT - Income TaxDisallowance of deprecation on tenancy rights - tenancy rights were a form of license - HELD THAT:- As regards the assessee’s appeal we find the issue of deprecation of tenancy rights has been decided against the assessee by following the ITAT order in assessee’s own case [2015 (11) TMI 997 - ITAT MUMBAI] . Hence, we do not find any infirmity in the order of the ld. Commissioner of Income Tax (Appeals). Hence, we uphold the same. Hence, the appeal by the assessee stands dismissed. Payment to retired partners - HELD THAT:- No case has been made out that this has been reversed by the Hon’ble High Court. As regards the issue of payment to legal heirs of deceased partners, the same was also considered by the ITAT in assessee’s own case [2015 (11) TMI 997 - ITAT MUMBAI].The tribunal has elaborately considered the issue in by referring extensively to partnership deed on various case laws and thereafter held the issue in favour of the assessee and against the Revenue. Since the above has not been reversed by the Hon’ble High Court, we follow the same and uphold the order of the ld. Commissioner of Income Tax (Appeals).
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