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2018 (2) TMI 250 - AT - Income TaxDisallowance on account of purchases - party has denied any transaction with the assessee company - CIT-A deleted the addition - Held that:- Since the impugned disallowance is based only on the findings in the order of assessment for A.Y.2009-10 and since the said disallowance has now been deleted we are of the view that CIT(A) was fully justified in deleting similar addition made in A.Y.2010-11. We find no ground to interfere with the order of CIT(A). Disallowance u/s 14A r.w.s. 8D - Held that:- AO has not brought any material on record to show that the claim made by the assessee regarding disallowance u/s 14A of the Act was incorrect. It is mandatory on the part of the AO to first reject on an objective basis the claim of the assessee with regard to expenses incurred to earn exempt income before resorting to his own basis of expenses to be disallowed u/s 14A of the Act. Without doing so the AO is not entitled to apply the provision of Rule 8D to make disallowance of expenses u/s 14A Depreciation on advertisement hoardings - as per AO hoardings have to be regarded as plant and machinery on which allowable depreciation as per Rules was only 15% - CIT(A) directed the AO to allow the claim of the assessee for depreciation at 100% on hoardings - Held that:- Tribunal has already taken a view in favour of the assessee in the past assessment referred to in the earlier part of this order. It cannot be argued by the ld. DR at this stage that in none of these decisions the question whether the hoardings were temporary or permanent structure was considered by the Tribunal. Going by the principle of consistency we are of the view that it would be just and proper not to take a view different from the view which has already been taken in assessee’s own case in the past. Disallowance of the claim of deduction u/s.80IA - Whether Foot Over-bridges as well as Bus Shelters are not "Road" the revenue from which is eligible for deduction u/s. 80IA - Held that:- We find that identical issue has been considered and decided in assessee’s own case [2015 (6) TMI 593 - ITAT KOLKATA ] wherein confirmed the assessee’s entitlement for deduction u/s 80IA for foot over bridges and bus shelters TDS u/s 194I OR 194C - addition u/s 40(a)(ia)- payment for renting of hoarding space - tds liability - Held that:- Section 40(a)(ia) of the Act cannot be invoked where there is a short deduction and can be invoked only when there is non-deduction. - Revenue appeal dismissed.
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