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2016 (11) TMI 949 - AT - Income TaxDisallowance of depreciation - installation and the commencement of production - Held that:- As noticed that first balance-sheet was drawn by the assessee in the assessment year 2004-05 when it came in production and, thereafter, the balance-sheet for the assessment years 2005-06 and 2006-07 were also prepared which included the cost of the building and plant and machinery and the claim of depreciation in those years. Considering the materials and the documents available on record, it appears that nobody visited the site where the factory of the assessee was situated which indicates that the Assessing Officer merely proceeded on suspicion. He failed to bring contrary evidence on record. It is also noted that after a lapse of a considerable period and after the installation and the commencement of production, the Assessing Officer made enquiry in the subjected year and merely proceeding on suspicion, disallowed the claim of depreciation made by the assessee and, therefore, of a considered view that the claim of the depreciation disallowed by the Assessing Officer and confirmed by the learned Commissioner of Income-tax (Appeals) is without any basis and deserves to be deleted. In view of the facts and circumstances of the case, the order of the learned Commissioner of Income-tax (Appeals) is reversed on this issue. - Decided in favour of assessee Disallowance of household expenses and marriage expenses of the daughter - Held that:- We find from the record that the assessee has not been able to substantiate the household expenses and marriage expenses of the daughter to the satisfaction of the lower authorities. In this view of the matter, we find no reason to interfere with the order of the learned Commissioner of Income-tax (Appeals) which is sustained - Decided against revenue
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